Eric J. Breithaupt, Esq.
PRACTICE AREAS
- BANKRUPTCY
- BENDER SHIPBUILDING PREFERENCE LITIGATION
- CIVIL LITIGATION
- CREDITOR & LENDER RIGHTS
- RESTRUCTURING & DISTRESSED INVESTING
- TRADE SECRETS
EDUCATION
When asked about his approach to client service, Eric Breithaupt quotes John Adams. Adams once said, “We cannot guarantee success, but we can work to deserve it.” Eric works hard to deserve success for the firm’s clients seeking help with matters of corporate governance, commercial litigation, bankruptcy, secured transactions and the enforcement of employee non-compete and trade secrets agreements.
Eric says he often wakes up late at night with his mind racing to find solutions to perplexing legal questions. In recent years, Eric’s nonstop advocacy has included successfully trying two significant lien priority matters in cases of first impression. Most recently, Eric served as lead creditor’s counsel in a contested involuntary bankruptcy of a 100-year old shipyard in an effort to recover a claim exceeding $45 million which eventually resulted in a confirmed Chapter 11 plan in December 2010.
REPRESENTATIVE EXPERIENCE
- Served as local counsel for the bankruptcy trustee of what had been one of the nation’s largest footwear retailers. As a principal member of the litigation team for the bankrupt estate, Eric assisted in the matter through aggressive litigation of corporate governance, fraud, breach of fiduciary duty and accounting malpractice claims. The Wall Street Journal covered the litigation.
- Acted as local counsel for the largest secured creditor in the reorganization of a troubled steel manufacturer. The case involved nearly $250 million in re-characterization of debt and equity in a confirmed pre-packaged plan.
REPORTED DECISIONS
- Double A Trailer Sales Inc. v. Dorsey Trailer Co. (In re Dorsey Trailer Co.), Bankr. No. 04-32662-WRS, Adversary No. 04-3109-WRS, 2009 WL 764572 (Bankr. M.D. Ala. Mar. 2, 2009).
- Bentley v. Nissan Motor Acceptance Corp. (In re Bentley), Bankr. No. 04-15825-MAM-13, Adversary No. 06-1002-MAM (Bankr. S.D. Ala. June 27, 2006).
- Thompson Props. 119 AA 370, Ltd. v. Birmingham Hide & Tallow Co., 897 So. 2d 248 (Ala. 2004).
- Serra Chevrolet, Inc. v. Hock, 891 So. 2d 844 (Ala. 2004).
- W.R. Huff Asset Mgmt. Co. v. Kohlberg Kravis Roberts & Co., 234 F. Supp. 2d 1218 (N.D. Ala. 2002).
- Thompson Props. v. Birmingham Hide & Tallow Co., 839 So. 2d 629 (Ala. 2002).
- In re Rivera, 280 B.R. 699 (Bankr. S.D. Ala. 2001).
- First Nat’l Bank of Jasper v. Robinson (In re Robinson), 240 B.R. 70 (Bankr. N.D. Ala. 1999).
- Wyers v. Keenon, 762 So. 2d 353 (Ala. 1999).
- Golden Mane Acquisitions, Inc. v. 100 Wall Street Assocs. (In re Golden Mane Acquisitions, Inc.), 243 B.R. 773 (Bankr. N.D. Ala. 1999).
- In re Golden Mane Acquisitions, Inc., 221 B.R. 963 (Bankr. N.D. Ala. 1997).
- Gaston v. Condra (In re Condra), 212 B.R. 987 (Bankr. M.D. Ala. 1997).
- AmSouth Bank, N.A. v. J & D Fin. Corp., 679 So. 2d 695 (Ala. 1996).
- Jove Eng’g, Inc. v. I.R.S. (In re Jove Eng’g, Inc.), 92 F.3d 1539 (11th Cir. 1996).
- City of Mobile v. GSF Props., Inc., 531 So. 2d 833 (Ala. 1988).
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- American Bankruptcy Institute (ABI): Member
- American Bar Association (ABA): Member
- Alabama State Bar: Secretary, Bankruptcy & Commercial Law Section
- Tennessee Bar Association (TBA): Member
- Birmingham Bar Association: Member
- 11th Circuit Judicial Conference
- 2010 Hoover City Schools Task Force: Member, Finance Committee
- Bluff Park United Methodist Church: Board of Stewards, Former Chairman
AWARDS AND RECOGNITION
- AV® Preeminent Peer Review Rating from Martindale-Hubbell*
- Selected for inclusion in The Best Lawyers in America® 2011 in the fields of bankruptcy and creditor/debtor rights law
- Listed as a “2009 Top Attorney” in Birmingham Magazine for bankruptcy
ADMISSIONS
Practicing: Bankruptcy, Commercial Litigation
