Eric J. Derbes

Eric J. Derbes began his career as a Judge Advocate in the United States Army’s 82^d Airborne Division, where he prosecuted and defended courts-martial. Those four years also taught him to handle huge volumes of legal work simultaneously, including wills and powers of attorney for servicemen headed to Iraq, administrative separations, and the financial distress occasioned upon soldiers.

Mr. Derbes brought that experience with him when he joined the Derbes Law Firm in 1995. He litigates commercial and bankruptcy matters. He handles administrative law from both the agency and company viewpoint, as well as representing taxpayers before administrative authorities. Currently, he advises upon end-of-life issues, including drafting wills and trusts, and where necessary, litigating succession and trust issues.

Mr. Derbes regularly represents debtors, creditors, and trustees in Bankruptcy Court. This bankruptcy practice includes an understanding of when bankruptcy might, or might not, be the best solution to a tax problem. He often represents businesses and the owners of businesses when times are tough, both in and out of Bankruptcy Court. Whichever problem Mr. Derbes addresses with his clients, that effort is backstopped with the heart of a litigator in court.

Mr. Derbes was born in New Orleans and graduated from Jesuit High School in 1983. Upon graduation from Washington University in St. Louis, he was commissioned following graduation from Army ROTC as a Distinguished Military Graduate. Thereafter, Mr. Derbes graduated from Marquette University Law School, where he received the Scott M. Cassidy Scholarship. He and his wife, Rebecca, have been married for over 35 years. They have five adult children and three grandchildren.

Education & Certifications

Education

Marquette University School of Law, J.D., 1990
Washington University, B.S.B.A., 1987

Professional Certifications:

Louisiana Notary Public, 1995

Bar Admissions & Organizations

Bar Admissions:

State Bar of Wisconsin, 1990
United States District Court, Eastern District of Wisconsin, 1990
United States Court of Appeals, Seventh Circuit 1990
United States Army Court of Military Review, 1990
United States Court of Appeals, Fifth Circuit, 1994
Louisiana State Bar Association, 1995
United States District Court, Eastern District of Louisiana, 1995
United States District Court, Middle District of Louisiana, 1995
United States District Court, Western District of Louisiana, 1995
United States Supreme Court, 1995
United States Tax Court, 1995
State Bar of Texas, 1999
United States District Court, Eastern District of Texas, 2002
United States District Court, Northern District of Florida, 2006
United States District Court, Southern District of Texas, 2009

Legal Organizations:

Member, St. Thomas More Catholic Lawyers Association, President, 2022
President, Jefferson Bar Association, 2014
Chairman, Jefferson Bar Association Young Lawyers Section, 1999-2000
Member, Jefferson Bar Association
Member, Wisconsin State Bar Association
Member, Texas State Bar Association
Member, Louisiana State Bar Association
Member, Federal Bar Association of the Fifth Federal Circuit
Member, New Orleans Bar Association

Lectures & Publications

CLE Authored and Instructed:

"Taxes and Bankruptcy: A 10,000 Foot View," (New Orleans Bar Association, August 2024)
"Successions: Avoiding Litigation," [with Hon. Shayna Beevers Morvant and Eric M. Schorr] (Jefferson Bar Association's CLE by the Sea, 2024)
“Bankruptcy Pitfalls and Issues in Family Law” [with Mark S. Goldstein] (LSU 25^th Annual Family Law Conference, 2021)
“Title 12 (Entity Law) Revisions: The Good, The Bad & The Ugly” [with Melanie M. Mulcahy] (Jefferson Bar Association’s 28^th Annual CLE by the Sea, 2015)
“Discharge of Tax Liability” [with William Steffes and Mark S. Goldstein] (New Orleans Bar Association’s taxation and Accounting in Bankruptcy CLE, 2012)
“When Bankruptcy Crops up in Other Area’s of Practice” (National Business Institute’s 2009 Bankruptcy Law Update seminar, 2009)
“Ethical Conduct in Bankruptcy Cases” (National Business Institute’s 2009 Bankruptcy Law Update seminar, 2009)
“Solid Techniques to Increase Your Collections” [with John C. Anderson, Leo J. D’Aubin, Stephen A. Fritch, Jason B. Patrick, Claude Rivet, Godon P. Serou, Jr. and Brent M. Steier] (National Business Institute’s Collection Law Tips and Strategies seminar, 2007)
“The Basics of Chapter 7 Bankruptcy” [with Arthur A. Vingiello] (National Business Institute’s Fundamentals of Bankruptcy Law seminar, 2006)
“Conduct the Initial Client Interview” (National Business Institute’s Fundamentals of Bankruptcy Law seminar, 2006)
“Understanding Creditors’ Rights in Bankruptcy” (National Business Institute’s Collection Debts: Tips and Strategies to Legall Get What You’re Owed seminar, 2006)
“Bankruptcy Basics: The How to for Attorneys and Paralegals in Louisiana” [with Andree Cullens, Paul D. Stewart, and Erin K. Arnold] (National Business Institute, 2005)

Cases, Transactions & Appointments

Reported Cases

In re Gares, 2024 Bankr. LEXIS 3042 (Bankr. E.D. La. 2024).
In re Raspanti, 24-166 (La. App. 5 Cir. 12/04/24); 2024 La. App. LEXIS 2056.
Succession of Rivera, 21-312 (La. App. 5 Cir. 2/23/22); 336 So.3d 587.
Powell v. State Board of Certified Public Accountants of Louisiana, 2021-0385 (La. App. 4 Cir. 12/22/21); 366 So.3d 396.
AJ Holdings of Metairie, LLC, et al v. Brenda P. Fischbein, No. 21-318, 2022 WL 278923 (E.D. La. January 31, 2021)
In re Sylvester, 2021 WL 1422939 (E.D. La. 2021).
Korrapati v. Augustino Bros. Constr., LLC, 19-426 (La. App. 5 Cir. 7/31/20); 302 So.3d 147.
In re Sylvester, 2020 WL 1140890 (E.D. La. 2020).
Barrett & Barrett, CPAs, APC et al. v. The State Board of Certified Public Accountants of Louisiana, et al., 2019-0402 (La. App. 4 Cir. 11/27/19); 2019 WL 6357895.
Randazzo v. Babin, 2016 WL 4418969 (E.D. La. 2016)
Ashton R. O’Dwyer, Jr. v. Michael P. O’Dwyer; Lowen Clausen, 611 Fed. Appx. 195 (5th Cir. 2015)
C. Michael Chiasson v. Randall Silliman and Debra Silliman, 2015 WL 1739947 (Bankr. E.D. La. 2015)
Gauthier v. Harmony Construction, LLC, 128 So.3d 314 (La. App. 5 Cir. 2013)
Davis v. State Board of Certified Public Accountants of Louisiana, 131 So.3d 391 (La. App. 4 Cir. 2013)
Brunet v. Butler, 2012 WL 2338740, USDC EDLA
Tommy Taylor Thompson v. State Board of Certified Public Accountants of Louisiana, 30 So.3d 1102 (La. App. 4 Cir. 2010)
Elevating Boats v. Parish of Plaquemines, 953 So.2d 826 (La. App. 4 Cir. 2006)
Gulf South Lithotripsy, LLC vs. North River Ins. Co., 2008 WL 169705 (E.D. La. 2008)
U.S. vs. Martinez, 382 B.R. 285 (E.D. La. 2007); 366 B.R. 604 (E.D. La. 2007); 341 B.R. 568 (E.D. La. 2006); 2005 WL 2064307 (E.D. La. 2005); 323 B.R. 650 Bkrtcy. E.D. La. 2005);
Rabb vs. State Bd. of Certified Public Accountants of Louisiana, 893 So.2d 904 (La. App. 4 Cir. 2004)
Turk v. Conner, 864 So.2d 672 (La. App. 5 Cir. 2003)
Elevating Boats, Inc. vs. St. Bernard, 795 So.2d 1153 (La. 2001)
Martinez vs. Reno, 742 So.2d 1014 (La. App. 5 Cir. 1999)
State Board of Certified Public Accountants vs. Donnely, 688 So.2d 127 (La. App 5 Cir. 1997)
McCray vs. Grande, 38 MJ 657 (ACMR 1993)

Appointments

Court Appointed Liquidator of Treadway Insurance.com, LLC – David Treadway versus Gary Treadway and Treadway Insurance.com, LLC, 24^th Judicial District Court, Case No. 789-732, Division A

Contact

Direct Dial:	504.207.0912
Direct Fax	504.832.0323

ederbes@DerbesLaw.com

Practice Areas

Bankruptcy

Chapter 7, 11, 13
Subchapter V
Bankruptcy Litigation
- Adversary Proceedings
- Contested Matters
- Discharge & Dischargeability
- Avoidance Actions
  - Preferences
  - Fraudulent Conveyances
- Exemption Litigation
- Proofs of Claim
Discharge of Taxes

Business Organizations

Entity Selection and Startup
Windup & Dissolution

Commercial Litigation

Breach of Contract Litigation
Business Owner Dispute Litigation
Business Liquidation Litigation
Employment Law

End of Life

Wills
Powers of Attorney
Successions
Succession Litigation
Interdictions

Real Estate

Appeals

Public Agencies

Taxation