Assisted an Ohio school district in the issuance of bonds in which the perceived security for the bonds was threatened by the financial woes of the county’s largest employer and taxpayer. Our attorneys provided timely and critical information to the bond rating agency and investors regarding how oil and gas leases and mineral rights are valued for property tax purposes and the potential impact of a bankruptcy filing on the payment of property taxes for the bonds.
David M. Whittaker
David Whittaker has spent more than 35 years representing insolvent and struggling businesses in restructuring or liquidation. David has advised emerging and successful businesses on growth and planning; handled asset sales and acquisitions; litigated complicated bankruptcy matters; served as a mediator in complex and multi-party cases; and served as a Chapter 7 Trustee in approximately 20,000 cases.
David has represented many commercial debtors in successful Chapter 11 reorganizations and liquidations, and has represented creditors in Chapter 11 cases and workouts. He has served as a Chapter 11 Trustee and as an Examiner in a Chapter 11 case involving a sophisticated Ponzi scheme.
David has represented commercial debtors in Chapter 7 and Chapter 13 cases. Additionally, he routinely represented creditors in cases filed under these chapters.
He has represented another Chapter 7 panel Trustee in the administration of a case involving the sale of a warehouse and commercial facility and the filing and resolution of more than 350 preference cases.
David has a strong interest in and talent for serving as a mediator in difficult cases. He has received training at the American Bankruptcy Institute (ABI) and St. John’s University Law School Mediation program, a 40-hour course designed to provide mediators with the skills necessary to handle a broad range of mediations. He served as a panelist at the ABI Mid-Atlantic Conference in 2012, where he discussed the role of the mediator.
David’s experience in advising troubled businesses has allowed him to successfully help a variety of start up and established businesses in the handling of growth and planning issues.
David enjoys many genres of music, especially Americana, Alt-Country, Bluegrass and Roots. David has managed bands and represented musicians, songwriters, recording studios and record labels.
- Member, local Bankruptcy Rules Committee for the Southern District of Ohio, 2002-2003 and 2005-2014
- Speaker, "Executory Contract Issues in Chapter 11," Columbus Bar Association seminar, 2014
- Speaker, "Bankruptcy Mediation Matters," The National Association of Credit Managers regional meeting, 2013
- Speaker, "Bankruptcy Mediation Issues," Columbus Bar Association Bankruptcy Committee meeting, 2012
- Speaker, "The role of the mediator," the ABI Mid-Atlantic Conference, 2012
- Speaker, "Bankruptcy Exemption Issues,"the ABI Central States Conference, 2008
- Speaker, the Bench-Bar Retreat for the Bankruptcy Court of the Southern District of Ohio, 2005
- Speaker, panelist and moderator at numerous Columbus Bar Association, Credit Education Coalition and National Business Institute seminars
- Admitted, State of Ohio; U.S. District Court for the Southern District of Ohio; U.S. District Court for the Northern District of Ohio; Sixth Circuit Court of Appeals
- Member, Ohio State Bar Association; Columbus Bar Association (Bankruptcy Committee and Alternative Dispute Resolution Committee; Bankruptcy and Judicial Liaison Committee, 2010 and 2011; Bankruptcy Law Institute Planning Committee, May 2005)
- Listed, Best Lawyers in America (Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Litigation - Bankruptcy), 1995–2017
- Listed, Ohio Super Lawyers (Creditor Debtor Rights: Business), 2005–2017
- Recognized, ChambersUSA, Bankruptcy/Restructuring with a Band 4 ranking, 2013; Band 3 ranking, 2014–2016
- Ranked, AV Preeminent, Martindale-Hubbell
- The Ohio State University Moritz College of Law (J.D., 1979)
- Wright State University (B.A., 1976)
- ABI and the St. John’s Law School, 40-hour bankruptcy mediation training program, 2011
- Columbus Bar Association and the Community Mediation Services of Central Ohio, 40-hour domestic relations mediation training program, 2014
- Columbus Bar Association, 5.5-hour seminar on "The Effect of Behavioral Disorders on Mediation"
"Cooling off” may encourage successful resolution
A talent for difficult cases
Bricker attorneys named 2017 Ohio Super Lawyers
Bricker & Eckler attorneys earn Best Lawyers 2017 recognition
Bricker & Eckler attorneys selected for inclusion in the 2016 Ohio Super Lawyers list
Best Lawyers recognizes Bricker & Eckler attorneys
The Northeast Ohio Public Energy Council (NOPEC) is the largest public retail energy aggregation in Ohio, serving 800,000 electric and gas customers across 13 counties. NOPEC’s electric supplier abruptly notified NOPEC that it was terminating its contract, thus leaving NOPEC’s nearly half-million electric customers to return to utility service at higher rates. Bricker attorneys sprang into action to prevent NOPEC's customers from paying these increased rates. The team negotiated a new complex electricity supply contract with NOPEC's replacement supplier (worth approximately $1 billion); and, within 10 days, our client had signed a new three-year contract. With our assistance, NOPEC obtained two waivers from the PUCO to meet the expedited enrollment timeline. Meanwhile, within two weeks, our litigation team settled a TRO and injunction case involving the original supplier, which resulted in a multi-million-dollar settlement payment to NOPEC. In addition, our energy litigation team dissolved an ex parte TRO issued against NOPEC to a competitor regarding the NOPEC customer enrollment process. We also obtained a complete dismissal of the competitor’s lawsuit on the basis that the PUCO had exclusive jurisdiction over the matter.
Represented a large non-profit health care company as a secured creditor in a Delaware-based Chapter 11 case. This matter involved assumption and assignment of executory contracts, cure and setoff issues.
Representing a professional athlete lender regarding its $1.2 million unsecured claim in the Chapter 11 case of a professional hockey player. Matter involves providing assistance with discovery issues, plan confirmation issues and many other disputes.