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Albert J. Derbes, IV

Albert J. Derbes, IV co-founded the Derbes Law Firm, LLC over thirty years ago, and has practiced law for over three decades. Mr. Derbes both negotiates and litigates commercial matters, believing that doing both transactional work and court practice improves and informs each. Mr. Derbes is also a Louisiana certified civil mediator, focusing upon commercial and insolvency matters.

His transactional work includes helping clients start up their businesses, negotiating the contracts for business operations, and aiding them with the closing of their businesses. Mr. Derbes litigation background provides him with invaluable insights into business issues, especially member disputes, derivative actions, state court liquidations, as well as bankruptcy adversaries and contested matters.  Mr. Derbes’ extensive litigation experience includes litigating in multiple Louisiana District Courts, Federal District Courts, Tax Courts, as well as Bankruptcy Courts in Louisiana, Texas, and Mississippi. He has successfully litigated well-known bankruptcy cases such as Schwegmann Giant Super Markets, Ormond Country Club, and New Orleans Paddlewheels, Inc. 

Drawing on his knowledge and experience, Mr. Derbes is a favorite, frequent speaker to other attorneys on bankruptcy and other business related topics. His involvement with the Jefferson Bar Association and the New Orleans Bar Association creates and fosters relationships with other attorneys, which relationships are often helpful to the resolution of his clients’ problems. 

Mr. Derbes was born in New Orleans and graduated from Jesuit High School in 1982. Thereafter, he went to Rice University and the Tulane School of Law. Outside of practice, Mr. Derbes is an avid reader, and enjoys “quiet sports” such as fishing, kayaking, snowshoeing, and hiking. He and his wife, Terri, enjoy cooking and the dining and music opportunities of New Orleans. They have been married for over 30 years and they have two adult children.

Albert J Derbes PR AV 250

Rated by Super Lawyers


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Education & Certifications

Education

  • Tulane University Law School, J.D., 1989
  • Rice University, B.A., 1986

Professional Certifications:

  • Louisiana Notary Public, 1990
  • Louisiana Real Estate Title Insurance Agent, 1995
  • LSBA ADR Civil Mediator Registry, 2020
Bar Admissions & Organizations

Bar Admissions:

  • Louisiana State Bar Association, 1990
  • United States District Court, Eastern District of Louisiana, 1990
  • United States District Court, Middle District of Louisiana, 1990
  • United States District Court, Western District of Louisiana, 1990
  • United States Court of Appeals, Fifth Circuit, 1993
  • United States Tax Court, 1993
  • United States Supreme Court, 1995
  • State Bar of Texas, 2001
  • United States District Court, Southern District of Texas, 2009

Organizations

  • Vice-President, Jefferson Bar Association, Present
  • Director, New Orleans Bar Association Board of Directors, 2016 – 2019
  • Chair, Bankruptcy Section of the New Orleans Bar Association, 2011 – 2015, 2026
  • Member, Louisiana State Bar Association
  • Member, Jefferson Bar Association
  • Member, St. Thomas More Society
  • Member, Bar Association of the Fifth Federal Circuit
  • Member, Federal Bar Association
  • Master Member, Judge Jerry A. Brown American Inn of Court
Lectures & Publications

CLE Authored and Instructed:

  • “Employment of Bankruptcy Estate Professionals: What Could Go Wrong?” at the LSU’s 31st Annual Bankruptcy Law Conference. Albert J. Derbes, IV Co-Presented on a Panel with panel members Hon. Jerry Edwards, Jr., U.S. District Court for the WDLA; Hon. Stephen D. Wheelis, U.S. Bankruptcy Court for the WDLA; Dwayne Murray, Esq.; and Brooke W. Altazan, Esq. at the LSU’s 31st Annual Bankruptcy Law Conference, October, 2025.
  • “When Do I Need to Call for Backup? Practical Tips on Insolvency, Workouts, & Bankruptcy for Your Small Business Clients” at the Hon. Jerry A. Brown Bankruptcy Symposium New Orleans Chapter of the Federal Bar Association [with Olivia Greenberg of Jones Walker LLP], September 24, 2024
  • “Accounting for Bankruptcy Lawyers,” at the New Orleans Bar Association’s Bankruptcy & Debtor/Creditor Rights Committee [with Patrick Gros, CPA], Thursday, September 19, 2024
  • “Bankruptcy Law for Non-Bankruptcy Lawyers,” [with Judge Meredith S. Grabill, United States Bankruptcy Court of the Eastern District of Louisiana] at the Jefferson Bar Association’s 35th Annual CLE By the Sea, The Lodge at Gulf Shores, April 2024
  • "Evidence – A Discussion on How to Gather, Present and Use Evidence in Making Your Case in Bankruptcy Court" [with Bradley L. Drell, R. Patrick Vance, Sr., and Judge Meredith S. Grabill], (27th Annual LSU Bankruptcy Law Conference, December 2, 2021)
  • “Ethical Implications of Protecting Firm and Client Money” [with Bryan C. Reuter], (Jefferson Bar Association Live Webcast, December 3, 2020)
  • “Settlement & Mediation in Insolvency” [with Dwayne Murray, James Grady, and Chad P. Morrow], (Turnaround Management Association of Louisiana Webinar, December 2, 2020)
  • “The Coroner and First Response to Mental Illness Interdictions: Judicial Commitments and Litigation” [with Hon. William C. Credo, III and Dr. Candace Cutrone], (Jefferson Bar Association’s 32nd Annual CLE by the Sea, 2019)
  • “Negotiating Business Contracts” (National Business Institute, National Webinar February 22, 2018)
  • “Notarial Issues: Practice, Capacities and the E-Future” [with Ellen Barrett Artopoeus], (Louisiana State Bar Association’s Solo, Small Firm & Tech Conference, 2018)
  • “Notarial Law: Don’t Take it for Granted” [with Ellen Barrett Artopoeus], (Louisiana State Bar Association’s 10th Annual Solo and Small Firm Conference, 2017) & (Jefferson Bar Association’s 31st Annual CLE by the Sea, 2018)
  • “Federal & State Practice: Procedural Pitfalls” [Moderator, with Panel Members Hon. Piper D. Griffin, Orleans Parish Civil District Court, Hon. Jane M. Triche-Milazzo, United States District Court, Eastern District of Louisiana, Hon. Michael B. North, United States District Court, Eastern District of Louisiana, and Sharonda R. Williams] [Materials Prepared with Hon. Jane M. Triche-Milazzo, United States District Court, Eastern District of Louisiana and Philip Dore] (New Orleans Bar Association Bench Bar Conference, 2017)
  • “Miscellaneous Clauses: Reconsidering Boilerplate,” (New Orleans Bar Association’s Procrastinator’s Program, 2016)
  • “Top Ten Ethics Mistakes,” (New Orleans Bar Association’s Procrastinator’s Program, 2016)
  • “Preventing Business Contract Disputes,” (NBI, 2016)
  • “Bankruptcy Lawyer’s Guide to Business Startup and Maintenance: Understanding how and why Companies Fail,” (New Orleans Bar Association’s Procrastinator’s Program, 2015)
  • “Collection in the Oil Patch: LOWLA and More” [with Christopher T. Caplinger], (New Orleans Bar Association’s program on the Interplay of Bankruptcy and Oil & Gas Law, 2015)
  • “Ethics in Two Venues,” [with Hon. Douglas D. Dodd, U.S. Bankruptcy Court Judge, Middle District of Louisiana], (New Orleans Bar Association’s program on the Interplay of Bankruptcy and Domestic Law, 2014)
  • “Practitioners’ Roundtable Discussion of Software Related to Practicing Bankruptcy,” (New Orleans Bar Association, 2014)
  • “Disposal of the Entity Shell,” (New Orleans Bar Association’s program on Entity Law in Bankruptcy, 2013) [with other(s)]
  • “Actions under 11 USC 510(b)” (New Orleans Bar Association’s program on Entity Law in Bankruptcy, 2013) [with Daniel J. Poolson, Jr.]
  • “Insolvency and Death in Louisiana,” (New Orleans Bar Association, 2012)
  • “Adversary Proceedings – Discovery, Evidence, Settlements,” (NBI, 2012)
  • “Dischargeability Actions,” (NBI, 2012)
  • “Preferences,” (NBI, 2012)
  • “Accounting for Bankruptcy Lawyers,” (New Orleans Bar Association, 2012) [with Patrick J. Gros, CPA]
  • “Small Business in Chapter 11,” (New Orleans Bar Association, 2010) [with Christopher Caplinger]
  • “Choice of Entity: LLCs and Beyond,” (Jefferson Bar Association, CLE by the Sea, 2010) [with Melanie Mulcahy]
  • “Bankruptcy for the Non-Bankruptcy Attorney,” (New Orleans Bar Association, 2010) [with panel]
  • “Bankruptcy Litigation,” (Lorman, 2009)
  • “Taxation and Bankruptcy,” (Lorman, 2009)
  • “Bankruptcy and Ethics,” (Lorman, 2009)
  • “Interplay of Bankruptcy and the Real Estate Crisis,” (NBI, 2009)
  • “Ethics: 10 Common Mistakes Attorneys Make,” (Jefferson Bar Association, 2009)
  • “Creating Contracts: Portrait of the Artist as a Young Lawyer,” (La. State Bar Association, 2009)
  • “Limited Liability Companies in Louisiana,” (NBI, 2007)
  • “Avoiding Fraudulant Real Estate Practices,” (NBI, 2006 & 2007)
  • “The Purchase Agreement,” (NBI, 2005)
  • “Ethical Considerations in Foreclosure,” (NBI, 2004)
  • “Contract Review Tips: From Purchase Agreements Leases to Innominate Contracts & Boilerplate,” (Jefferson Bar Association, CLE By the Sea, 2004)
  • “Bankruptcy Creditor’s Playbook,” (Jefferson Bar Association, CLE By the Sea, 2003)
  • “Bankruptcy Law & the CPA,” (University of New Orleans, Beta Alpha PSI’s Accounting Lecture Series, 2003)
  • “Recent UCC Developments…,” (NBI, 2002)
  • “Fundamentals of Bankruptcy Law and Procedure in Louisiana,” (NBI, 2000)
  • “Louisiana Foreclosure and Repossession,” (NBI, 1998)

Publications:

  • “Insolvency and Louisiana’s Adoption of the Model Business Corporations Act,” (New Orleans Bar Association, May 2015)
  • “Fraud, Peremption & the Revocatory Action,” New Orleans Bar Association’s Briefly Speaking & its blog (Feb. 2014)
  • “What happened to my Judicial Mortgage? Lien Stripping, Lien Avoidance, and How a Judgment Creditor’s Security Rights May Be Affected in Bankruptcy,” Briefly Speaking, New Orleans Bar Assoc., Winter 2013 [with Daniel J. Poolson, Jr.]
  • “The Effect of Stern v. Marshall,” Briefly Speaking (New Orleans Bar Association, Winter 2012) [with Eric J. Derbes]
  • Book Review, 55 La. Bar J. 248 (Dec. 2007/Jan. 2008) (reviewing “Business and Commercial Litigation in Federal Courts, Second Edition”)

Instructor:

  • Delgado Community College, Louisiana Notary Public Preparation Course, 1997
Cases, Transactions & Appointments
  • AJ Holdings of Metairie, LLC, et al v. Brenda P. Fischbein, No. 21-318, 2022 WL 278923 (E.D. La. January 31, 2021)
  • L-3 Communications Westwood Corp. v. Robichaux, 2008 WL 577560 & 2007 WL 756528
  • In re Vicknair, 315 B.R. 822 (Bankr. E.D. La. 2004)
  • In re Service Marine Industries, Inc., 2000 U.S. Dist. LEXIS 8523
  • Medical & Business Facilities Ltd. v. C.I.R., 60 F.3d 207 (5th Cir. (La.), 1995)
  • Phillips Petroleum Co. v. Best Oilfield Services, Inc., 48 F.3d 913 (5th Cir La. 1995)
Albert Derbes

Contact

Direct Dial: 504.207.0909
Direct Fax: 504.832.0322

ajdiv@DerbesLaw.com

Practice Areas

Bankruptcy & Insolvency
  • Representation of Creditors, Debtors, Committees, & Trustees
  • Bankruptcy Litigation (Adversaries & Contested Matters)
  • Chapter 11 Reorganization
  • Chapter 7
  • State Court Liquidation
Commercial Litigation
  • Contract Disputes
  • Commercial Collections
  • Business Owner Disputes
End of Life Issues
  • Wills, Trusts & Powers of Attorney
  • Interdictions
  • Successions, Probate, Trust & Succession Litigation
Transactions & Entities
  • Business Formation
  • Buying & Selling Businesses+
  • Contracts
  • Operating Agreements
  • Real Estate

Mediation