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John C. Weitnauer

Partner


Kit Weitnauer has represented parties in interest in major Chapter 11 cases, including Taylor Bean & Whitaker, Spectrum Brands, Lehman Brothers, IndyMac Bancorp and Enron. He is a Fellow in the American College of Bankruptcy.

In 2006, he was the plaintiff’s trial counsel in a five-week jury trial in Oregon (with co-counsel from Oregon) that resulted in a jury verdict that (i) found that over $965 million in transfers were made with the actual intent to hinder, delay or defraud his client and (ii) awarded $350 million in punitive damages to his client. According to The National Law Journal, this was the largest verdict of 2006.

He is listed in The Best Lawyers in America reference book and profiled in Chambers USA: America’s Leading Lawyers for Business in the field of Bankruptcy/Restructuring.

He is the author of The Bankruptcy Court’s Watchdog: The Appointment, Role and Power of Examiners Today, published in 2011; the co-author of Business Valuation and Bankruptcy, published in 2009; and a co-author of Problem Loan Strategies. He is a contributing editor of two bankruptcy treatises, Norton Bankruptcy Law and Practice and the Bankruptcy Litigation Manual, as well as the monthly American Bankruptcy Institute Journal. He is a frequent speaker on bankruptcy topics.

Representative Experience

  • Represents Wells Fargo, N.A., as Master Servicer of 12 Trusts holding $3.9 billion in assets, in the Taylor, Bean and Whitaker Corp. bankruptcy.
  • Lead trial counsel to the Official Committee of Equity Security
    Holders in the contested plan confirmation hearing in the Spectrum Brands Chapter 11 case.
  • Represented a special committee of a board of directors with respect to restructuring matters.
  • Represented two shareholders/creditors in a holding company bankruptcy filed in Delaware.
  • Represents various clients with various issues (swaps, swap terminations, structured finance deals, among others) in connection with the Lehman Brothers’ bankruptcies.
  • Plaintiffs’ trial counsel (together with Oregon co-counsel) in a complex fraudulent transfer case, which resulted in a December 2006 jury verdict that (i) approximately $1 billion in assets had been transferred with actual intent to hinder, delay or defraud the plaintiffs and (ii) awarded the plaintiffs $350 million in punitive damages.
  • Counsel for the debtor in possession in the cases of: Galey & Lord, Inc. (Section 363 sale concluded in three months); Sports Court, Inc. and American Athletic, Inc. (Section 363 sales of two related companies concluded in two months); KinderCare Learning Centers, Inc. (pre-arranged plan for $600 million in debt confirmed within several months after filing); and Cajun Electric Power Cooperative ($5 billion restructuring with the REA).
  • Special counsel to First American Healthcare (honored as the “Turnaround of the Year” by the Atlanta chapter of the Turnaround Management Association).
  • Represented secured creditors and creditors’ committees.
  • Represented the Examiner in both the Enron and the Southmark bankruptcy cases. In the Enron Examination he was the author of “Legal Standards” contained in the Examiner’s reports and also served as the reporter for the “Role of Enron’s Attorneys” and was one of the two reporters for the “Role of JPMorganChase.”


Publications
Summer 2010
March 2010
"Valuation Questions Raised by the TOUSA Case," American Bankruptcy Institute Journal, March 2010.
November 2009
Business Valuation and Bankruptcy, John Wiley & Sons, November 2009.

John C. Weitnauer

One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Phone: 404-881-7780
Fax: 404-253-8298

Education

  • University of Georgia
    (J.D., 1977)
  • Washington and Lee University
    (B.A., 1974)

Admitted to Practice

  • Georgia