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Practice/Industry Groups:
Creditor Rights & Bankruptcy
Consumer Finance & Mortgage Banking
David Whittaker is a partner in the Bricker & Eckler creditor rights & bankruptcy practice group. He handles basic Chapter 7 and Chapter 13 situations to complex and sophisticated Chapter 11 matters, non-bankruptcy asset sales, workouts, and commerical transactions.
Representative Experience
As a member Chapter 7 Trustees Panel in Columbus serves as appointed trustee in 600-800 cases per year
For Chapter 7 debtor matters: pre-bankruptcy planning regarding tax refunds and other non-exempt assets or lien perfection problems; preparation of petition, schedules, and statements of financial affairs; negotiating reaffirmations; preparing motions for redemption and judicial lien avoidance; attending creditor meetings; negotiating with trustees regarding non-exempt equity in assets; defense of 707(b) matters and dischargeability issues and objections to discharge
For Chapter 7 creditor matters: preparing and filing motions for relief from stay; preparing and obtaining approval of trustee abandonments; preparing reaffirmation agreements and obtaining approvals; attending creditor meetings; handling issues with trustees regarding possible equity in assets subject to client lien or regarding lien perfection issues
For Chapter 13 debtor matters: performing pre-bankruptcy planning and evaluation; preparing petitions, schedules, statement of financial affairs and plan; obtaining appraisals of real property and other assets; working with debtor about Debtor Orientation and meeting of creditors; attending meeting of creditors, deal with Chapter 13 Trustee recommendations or creditor issues, including valuation; handle objections to valuation and confirmation
For Chapter 13 creditor matters: preparing proof of claims, attending creditor meeetings to negotiate valuation and interest rate; preparing valuation and interest rate stipulations; handling post-confirmation default issues including filing motions for relief from stay and/or motions to dismiss; dealing with multiple filing issues for single debtor
For Chapter 11 debtor matters: representation of debtors in pre-bankruptcy planning and evaluation, preparing petition, schedules and statement of financial affairs and related first day pleadings, handling cash collateral issues, interfacing with the US trustee, objections to claims, negotiation of plan treatment of creditor claims, preparing disclosure statement and plan, handling confirmation and post-confirmation issues, pursuing avoidance actions including preferences and fraudulent conveyances, handling asset sales
For Chapter 11 creditor matters: representation of creditors in preparation and filing proofs of claim, handling issues regarding lease rejection, handling items regarding secured creditor claims including cash collateral and adequate protection issues and regarding sales of assets subject to the client's lien, objections to disclosure statements and objections to confirmation, defense of preference and fraudulent conveyance matters
Other Chapter 11 representation: representing creditor committees, serving as Chapter 11 trustee, serving as plan trustee/disbursement agent, serving as examiner
Community and Professional Activities
Certified, Business Bankruptcy Specialist by American Board of Certification (one of four attorneys in Columbus OH)
Member, Local Rules, Forms and Procedures Committee of the U.S. Bankruptcy Court for the Southern District of Ohio, and co-chair of Chapter 13 subcommittee, 2002-2003
Member, Columbus test group for Electronic Case Filing, 2003
Speaker and panelist, Columbus Bar Association Bankruptcy Law Institute, 2002 and 2003; Credit Education Coalition Fall Consumer Bankruptcy Seminar, 2002-2004
Member, Columbus Bar Association and Bankruptcy Law Institute Planning Committee for May 2005
Member, Ohio State Bar Association
Awards and Recognitions
Listed, Best Lawyers in America (bankruptcy/creditor debtor rights) 1995-2008
Super Lawyer, Ohio Super Lawyers, 2005-2008
Education
Wright State University (B.A., 1976)
The Ohio State University (J.D., 1979)
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