Eric W. Anderson

Eric W. Anderson

Partner | Atlanta Office
eanderson@phrd.com
T: (404) 420-4331
F: (404) 522-8409
 

Practice Group(s)

Services

Education

  • University of Wisconsin-Madison - (B.A., with distinction, 1982)
  • University of Wisconsin Law School - (J.D., cum laude, 1986)

Admitted to Practice

  • Georgia
  • Wisconsin
  • Illinois


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About Eric

Eric concentrates his practice in bankruptcy, workouts, financial restructuring and commercial finance. He regularly represents banks, financial institutions, secured asset-based lenders, investors, trustees, debtors-in-possession, and other parties in bankruptcy and financial restructuring matters. This includes representation in workouts and restructuring matters both in and out of bankruptcy, including negotiating and closing asset-based loans, debtor-in-possession financing, loan collection and enforcement, purchase and sale of assets of distressed companies, and various related transactions.

Representative Engagements

  • Represent agent for senior secured lenders in Chapter 11 case of Modular Space Holdings, Inc., et al., in the United States Bankruptcy Court for the District of Delaware
  • Represent agent for senior secured lenders in Chapter 11 case of Noranda Aluminum, et al., in the United States Bankruptcy Court for the Eastern District of Missouri
  • Represent Chapter 7 Trustee in case of Silverton Financial Services, Inc., the largest bank holding company bankruptcy in Georgia
  • Represented Bay Harbor Homes, LLC, as debtor in possession in chapter 11 case in the United States Bankruptcy Court for the Northern District of Georgia
  • Represented publicly traded debtor in Chapter 11 case of Vesta Insurance Group, Inc., an insurance holding company, and its wholly owned management subsidiary, J. Gordon Gaines, Inc.
  • Represented 20-store franchisee of fast food restaurants in workout of defaulted franchise agreements with corporate franchisor
  • Represented bank lender in connection with various defaulted loans to hotel owners in Georgia, resulting in numerous real estate foreclosures and several single asset bankruptcy cases, some with consensual confirmed Chapter 11 plans.
  • Represented municipal bond insurer in connection with default under $65 million municipal bonds issued to finance construction of municipal solid waste recycling facility.
  • Represented senior secured creditor in connection with Chapter 11 reorganization of Transit Group, Inc., a large interstate trucking company
  • Represented lender to 30+ member tenant-in-common franchise hotel owner group in connection with defaulted loan and eventual deed in lieu of foreclosure.
  • Represented senior secured lender in connection with Chapter 11 case of CFI Manufacturing, Inc., a Florida manufacturer of outdoor furniture
  • Represented Term Loan Lenders in Chapter 11 cases of Galey & Lord, Inc., et al., in United States Bankruptcy Court for the Northern District of Georgia
  • Represented purchaser of thirteen-restaurant Applebee's chain in competitive bid from Chapter 11 estate
  • Represented franchisee of over 30 distressed fast food restaurants in connection with negotiated settlement to turn over franchise restaurants to franchisor
  • Represented senior secured bank group in connection with workout, Chapter 11 case and sale of assets of Harriet & Henderson Yarns, a leading yarn and textile manufacturer in the Eastern District of North Carolina
  • Represented senior secured creditor in connection with Chapter 11 reorganization case and sale of assets of multi-state consumer lending chain in the Eastern District of North Carolina
  • Represented secured creditor in reorganization case and sale of assets of Collins Signs, Inc., a leading outdoor sign manufacturer, including provision of financing to purchaser of assets from that Chapter 11 case
  • Represented bank group in $85,000,000 secured credit facility to major sporting goods retail chain
  • Served as debtor's counsel in Chapter 11 reorganization and sale of licensed sports apparel manufacturer
  • Served as debtor's counsel in Chapter 11 reorganization and sale Regina, Inc. a well-known manufacturer of vacuum cleaners and related appliances, in United States Bankruptcy Court for the Northern District of Georgia
more

Professional and Civic Involvement

  • Fellow of the American College of Bankruptcy (Member of Eleventh Circuit Council; Chair of Eleventh Circuit Educational Programs and Law School Outreach Committee)
  • Board of Directors, American Bankruptcy Institute (2016-2019)
  • State Bar of Georgia (Member, Bankruptcy Section)
  • State Bar of Wisconsin
  • Master of the Bench, W. Homer Drake, Jr. Georgia Bankruptcy American Inn of Court (2016)
  • Member, Board of Directors of Meritas, a worldwide law firm organization (2012-2015)
  • Atlanta Bar Association (Board of Directors, Member-at-Large 2006 - 2013; Bankruptcy Section Board Member 1999 to 2007; Treasurer 2002-2003; Secretary 2003-2004; Vice-Chair/Chair-Elect 2004-2005; Chairman 2005-2006)
  • Member, Board of Directors of the Southeastern Bankruptcy Law Institute
  • Chair, Atlanta Bar Association CLE Board of Trustees (2008-2009)
  • Chair-Elect, Atlanta Bar Association CLE Board of Trustees (2007-2008)
  • Chairman, Atlanta Bar Association and Fulton County Courts Law Week Committee (2005-2007)
  • Co-Chair, Atlanta Bar Association Membership Committee (2010-2011)
  • American Bar Association (Business Law Section, Business Bankruptcy Committee)
  • Turnaround Management Association (Contributing Author, Journal of Corporate Renewal)
  • American Bankruptcy Institute (Contributing Author, ABI Journal)
  • Advisory Board Member - American Bankruptcy Institute Southeast Bankruptcy Workshop (Co-Chair 2011-2012; Program Chair 2013)
  • Education Director, American Bankruptcy Institute Secured Credit Committee, 2015-2016
  • Meritas Financial Services Section Planning Committee (2007-2014)
  • Meritas Finance Committee (2011-2013)
  • Meritas Quality Assurance Committee (2013-2015)
more

Honors

  • Who's Who Legal: Restructuring & Insolvency
  • Listed in The Best Lawyers in America
  • Leading Lawyer for Business, Chambers USA
  • Georgia's Legal Elite, Georgia Trend
  • Georgia Super Lawyer (2007, 2012-2018)
  • Recognized as one of Georgia's "Top Rated Lawyers" by Martindale-Hubbell and ALM
  • Atlanta Bar Association Distinguished Service Award
more

Publications and Presentations

  • Panel leader, "Recent Developments and Critical Issues in Single Asset Real Estate Bankruptcy Cases" at the American Bar Association Business Bankruptcy Committee Annual Luncheon (October 2017)
  • Speaker, National Conference of Bankruptcy Judges in Las Vegas, Nevada (October 2017)
  • Speaker, the inaugural "Shark Tank" feature, evaluating pitches from presenters seeking to "sell" new legislative proposals to address recurring bankruptcy law issues, including restrictions on appointments of creditors' committees, tax exemptions for  asset sales under Section 363, increasing statutory compensation for trustees, creation of bankruptcy appellate panels in every circuit, and elimination of debt limits for chapter 13 at the ABI Southeast Bankruptcy Workshop in Hilton Head, South Carolina (July 2017)
  • Lead Panelist, "What Lawyers and Financial Advisors Must Know to Represent Secured Creditors Successfully" at the ABI Annual Spring Meeting in Washington, D.C. (April 2017)
  • Moderator, Panel on "Legal and Practical Considerations Involving Secured Creditors and the Retention of Financial Advisors" at the ABI Annual Spring Meeting in Washington, D.C. (April 2017)
  • Presenter, "DIP Financing: Structuring Roll-Overs, Cross-Collateralization, Priming Liens, Junior DIP Financing and More" Strafford Publications (September, 2016)

  • Author, "You Can't Bootstrap Yourself Into Bankruptcy Court" Am. Bankr. Inst. Journal Article (January 2015)
  • Presenter, "Six Degrees of Separation: Exploring the Limits of Related-To Jurisdiction" at American Bankruptcy Institute 35th Annual Midwestern Bankruptcy Institute (Kansas City, MO, October 2015)
  • Presenter, "Receiverships and Bankruptcy: Between Scylla and Charybdis" at American Bankruptcy Institute Southeast Bankruptcy Workshop (Amelia Island, FL, July 2015)
  • Author, "Tax Sharing Agreements and Refunds: Are Tax Refunds Property of the Estate?" ABI Journal (November 2013)

  • Presenter, "Chapter 11 Round-Up" at American College of Bankruptcy (March 2013)

  • Presenter, "Single-Asset Real Estate Cases and Stay Relief Under § 362(d)(3) of the Bankruptcy Code" at 23rd Annual Bankruptcy Law Seminar at the Cumberland School of Law, Birmingham, Alabama (October 2012)
  • Panelist, "Ethical and Civility Issues in Cases Tainted by Crime" at American Bankruptcy Institute Southeastern Bankruptcy Workshop (July 2012)

  • Co-author, “Food for Thought: Assuming Contracts in Bankruptcy,” TMA Journal of Corporate Renewal (May 2012)
  • Presenter: "Post-Confirmation Chapter 11 Issues: Continued Bankruptcy Court Jurisdiction, Plan Consummation, Case Closing Litigation Issues, and Plan Enforcement," at the Institute of Continuing Legal Education in Georgia and State Bar of Georgia Bankruptcy Section Consumer and Business Bankruptcy Seminar (November 2011)
  • Presenter, "Asset Sales: Is Philadelphia Newspapers Old News?" at the 16th Annual American Bankruptcy Institute Southeast Bankruptcy Workshop, Kiawah Island (July 2011)
  • Author: "Can the Disclosure Statement Supplement the Plan to Preserve Estate Claims?" Am. Bankr. Inst. Journal (October 2011)
  • Moderator: "Hot Topics in the Financial Services Industry" at the Meritas Financial Services and Creditors' Rights and Bankruptcy Section Meeting (San Diego, California, February 2011)
  • Presenter:  "Debtor-In-Possession Financing and Use of Cash Collateral" at the Institute of Continuing Legal Education in Georgia Secured Lending Seminar (Atlanta, Georgia, February 2011)
  • Presenter: "Another One Bites the Dust: Dealing with Failed Banks and FDIC Receiverships" at the American Bankruptcy Institute Southeast Bankruptcy Workshop (Amelia Island, Florida, July 2010)
  • Author: "The Philadelphia Story: Third Circuit Denies Lenders' Credit-Bid Rights" Am. Bankr. Inst. Journal, Vol. XXIX, No. 4 (May 2010)
  • Author:  "The Impact of Philadelphia Newspapers on a Secured Creditor's Right to Credit Bid," Am. Bankr. Inst. Journal, Vol. XXIX, No.2 (March 2010)
  • Presenter: "Section 363 Asset Sales" at the State Bar of Georgia Institute of Continuing Legal Education's Workouts, Turnarounds and Restructurings Seminar (March 2010)
  • Moderated a panel presentation (of lenders and in-house counsel at financial institutions) at the Meritas joint meeting of the Financial Services Section and the Creditors Rights and Bankruptcy Section, on "Issues and Challenges Facing Lenders and In-House Counsel as the Economic Recovery Begins" (February 2010)
  • Presenter: "Strategies and Current Developments in §363 Sales" at the Bankruptcy Section of the State Bar of Georgia Consumer and Business Bankruptcy Conference and Seminar (November 2009)
  • Presenter: "Lenders Under Fire: Strategies for and Defenses to Extracting Money from Lenders" at the American Bankruptcy Institute 14th Annual Southeast Bankruptcy Workshop, Hilton Head, South Carolina, July 29 - August 1, 2009 and Co-Author of "Lenders Under Fire: Weapons in the Committee Arsenal; Shields for Lenders" materials for seminar.
  • Author:  "Aiding and Abetting Breach-of-Fiduciary-Duty Claims in a Post-Recession Economy," Am. Bankr. Inst. Journal, Vol. XXVIII, No. 6 (July/August 2009)
  • Presenter: "Overview of Bankruptcy - The Chapters, the Players and the Big Picture" at the Turnaround Management Association (Atlanta Chapter) series of Interdisciplinary Programs (June 2009)
  • Presenter: "Recent Developments in Reclamation and Other UCC Remedies," State Bar of Georgia Bankruptcy Section Consumer and Business Bankruptcy Seminar, October 23-24, 2008.
  • Co-Chair: "Workouts & Remedies in Real Estate," Law Seminars International, and presenter: "Developing Effective Workout and Litigation Strategies: Avoiding Litigation If You Can and Maintaining a Strong Position If You Can't" September 5, 2008
  • Co-author: "363 Sales over the Objection of Junior Lienholders after Clear Channel," ABI Committee News Volume 7, Number 6 (September 2008)
  • Enjoining Actions Against Nondebtors: What Is The Proper Standard?, Am. Bankr. Inst. Journal, Vol. XXVI, No. 10, p. 26, Dec./Jan. 2007/08
  • Bankruptcy Law Changes Will Affect Business Cases Too, Georgia Bar Journal, October 2005
  • Author: "Section 541 - Property of the Estate," Annual Survey of Bankruptcy Law, 1987 and 1989 (Callaghan)
more
 
 
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