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Timothy J. Anzenberger

Partner and Commercial Restructuring & Bankruptcy Team Leader

Commercial Restructuring & Bankruptcy

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  • Overview
  • Experience
  • Affiliations
  • Publications
  • Recognitions
  • Insights

Overview

Tim Anzenberger helps lenders and creditors protect their interests when borrowers face financial distress. As a Partner and the Commercial Restructuring & Bankruptcy Team Leader at Adams & Reese, he represents financial institutions and other creditors in bankruptcy cases and litigates on their behalf in state and federal courts across Mississippi and North Carolina. His experience includes representing creditors in commercial chapter 11 cases, defending avoidance actions, challenging fraudulent transfers, and handling lender-liability claims. His practice also extends to appellate litigation in financial services cases, where he has briefed and argued appeals in state and federal courts and has represented and advised parties filing amicus briefs.

Tim serves on the Board of Directors of the American Bankruptcy Institute and frequently writes for the ABI Journal and its committee newsletters, summarizes appellate opinions for ABI's VOLO platform, and speaks at industry conferences on topics including bankruptcy ethics, creditor rights, and financial restructuring. He sits on the Advisory Board for the ABI Southeast Bankruptcy Workshop, serves on the Board of Directors of the Mississippi Bankruptcy Conference, and has previously co-chaired the ABI's Business Reorganization and Ethics and Professional Compensation Committees. In 2022, ABI selected Tim among its "40 Under 40," honoring emerging leaders who demonstrate ability, leadership, and achievement in the bankruptcy and insolvency community.

Anzenberger, Timothy

Tim is ranked Up & Coming in Bankruptcy/Restructuring in Mississippi by Chambers USA. He has been recognized by Best Lawyers in the areas of Bankruptcy and Creditor Rights/Insolvency and Reorganization Law, Commercial Litigation, and Litigation–Bankruptcy.

Pro bono work is an important part of Tim's practice. He is a member of the Pro Bono Appellate Programs for the United States Courts of Appeals for the Fifth and Ninth Circuits, sits on the Pro Bono Committee for the North Carolina Bar Association, and serves as a pro bono coordinator at Adams & Reese. Tim has also authored a chapter of the American Bar Association Council of Appellate Lawyers' Pro Bono Manual on appellate pro bono opportunities in Mississippi.

Before entering private practice, Tim served as a law clerk for Presiding Justice Jess H. Dickinson of the Mississippi Supreme Court and as a legal extern in the Staff Attorney's Office of the United States Court of Appeals for the Fifth Circuit. He earned his J.D. summa cum laude from Mississippi College School of Law in 2011, graduating first in his class. In law school, Tim served as Executive Editor of the Mississippi College Law Review and was active on the Moot Court Board, where he was named a National Champion and won Best Brief at the 2011 Andrews Kurth Moot Court National Championship. He also won Best Oral Advocate at the Ruby R. Vale Corporate Moot Court Competition and was a Finalist at the Elliot Cup Bankruptcy Competition. Tim received Best Paper Awards in Antitrust Law, Law and Economics, Criminal Law, Secured Transactions, Legal Writing, and Capital Punishment Law. He is a member of the Order of Barristers.

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Education

  • Mississippi College School of Law, J.D. summa cum laude | 2011
  • North Carolina State University, B.A. Political Science | 2007

Bar Admissions

  • Mississippi
  • North Carolina

Court Admissions

  • United States Bankruptcy Court for the Eastern District of North Carolina
  • United States Bankruptcy Court for the Middle District of North Carolina
  • United States Bankruptcy Court for the Northern District of Mississippi
  • United States Bankruptcy Court for the Southern District of Mississippi
  • United States Bankruptcy Court for the Southern District of Texas
  • United States Bankruptcy Court for the Western District of North Carolina
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Third Circuit
  • United States District Court for the Eastern District of North Carolina
  • United States District Court for the Middle District of North Carolina
  • United States District Court for the Northern District of Mississippi
  • United States District Court for the Southern District of Mississippi
  • United States District Court for the Southern District of Texas
  • United States District Court for the Western District of North Carolina
  • United States Court of Appeals for the Fourth Circuit

Related Services

  • Community Trust Bank v. First National Bank of Clarksdale, 150 So. 3d 683 (Miss. 2014). Handled all stages of appeal, including post-trial motions and hearings. Briefed and presented oral argument on issues of first impression before the Mississippi Supreme Court, securing a unanimous reversal of the trial court’s decision below and a rendering of judgment in client’s favor.
  • Linde Health Care Staffing v. Claiborne County Hospital, 198 So. 3d 318 (Miss. 2016). Handled all stages of appeal. Briefed and presented oral argument before the Mississippi Supreme Court in a case involving the Federal Arbitration Act.
  • Smith v. James L. Henley and Trustmark National Bank, 548 B.R. 724 (S.D. Miss. 2016). Handled all stages of bankruptcy appeal, including drafting appellee’s brief, successfully obtaining affirmance of bankruptcy court’s final judgment converting a debtor’s case to Chapter 7 for bad faith.
  • In re Patricia L. Smith, 530 B.R. 327 (Bankr. S.D. Miss. 2015). Handled all stages of trial involving a debtor’s bad faith bankruptcy filing, fraudulent transfers, and hidden and commingled assets, securing a favorable ruling and judgment converting a debtor’s bankruptcy case.

Education

  • Mississippi College School of Law, J.D. summa cum laude | 2011
  • North Carolina State University, B.A. Political Science | 2007

Bar Admissions

  • Mississippi
  • North Carolina

Court Admissions

  • United States Bankruptcy Court for the Eastern District of North Carolina
  • United States Bankruptcy Court for the Middle District of North Carolina
  • United States Bankruptcy Court for the Northern District of Mississippi
  • United States Bankruptcy Court for the Southern District of Mississippi
  • United States Bankruptcy Court for the Southern District of Texas
  • United States Bankruptcy Court for the Western District of North Carolina
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Third Circuit
  • United States District Court for the Eastern District of North Carolina
  • United States District Court for the Middle District of North Carolina
  • United States District Court for the Northern District of Mississippi
  • United States District Court for the Southern District of Mississippi
  • United States District Court for the Southern District of Texas
  • United States District Court for the Western District of North Carolina
  • United States Court of Appeals for the Fourth Circuit

Related Services

Affiliations

  • American Bankruptcy Institute, Board of Directors
  • American Bankruptcy Institute's Southeast Bankruptcy Workshop, Advisory Board
  • Mississippi Bankruptcy Conference, Board of Directors
  • Mississippi Bankruptcy Conference's Annual Seminar, Advisory Board

Education

  • Mississippi College School of Law, J.D. summa cum laude | 2011
  • North Carolina State University, B.A. Political Science | 2007

Bar Admissions

  • Mississippi
  • North Carolina

Court Admissions

  • United States Bankruptcy Court for the Eastern District of North Carolina
  • United States Bankruptcy Court for the Middle District of North Carolina
  • United States Bankruptcy Court for the Northern District of Mississippi
  • United States Bankruptcy Court for the Southern District of Mississippi
  • United States Bankruptcy Court for the Southern District of Texas
  • United States Bankruptcy Court for the Western District of North Carolina
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Third Circuit
  • United States District Court for the Eastern District of North Carolina
  • United States District Court for the Middle District of North Carolina
  • United States District Court for the Northern District of Mississippi
  • United States District Court for the Southern District of Mississippi
  • United States District Court for the Southern District of Texas
  • United States District Court for the Western District of North Carolina
  • United States Court of Appeals for the Fourth Circuit

Related Services

Publications

  • "Tortious Interference: Texas", published by Practical Law/Thomson Reuters, August 2024
  • "The § 1111(b) Election: Overview, Considerations and Unique Issues in Subchapter V", published in the ABI Secured Credit Newsletter, December 2023
  • "Sixth Circuit Holds that Constitution Requires Hearing within Two Weeks of Vehicle Seizure", published in the ABI Rochelle's Daily Wire, September 2023 
  • "What Creditors Need to Know About Disclosure Statements in Chapter 11 Bankruptcy Cases", Adams & Reese Commercial Restructuring and Bankruptcy Alert, February 2023
  • "Strategic Alternatives For and Against Distressed Businesses", Contributor, Chapters 18, 19, 30, and 59 (Thomson Reuters, 2022-2024 editions)
  • "Ninth Circuit Holds that the Solvent-Debtor Exception Survived Passage of the Bankruptcy Code", ABI Business Reorganization Committee Newsletter, January 2023
  • "Screening for Conflicts is Particularly Important in Booming Lateral Market", ABI Ethics and Professional Compensation Committee Newsletter, October 2022
  • "When Bitcoin Meets Bankruptcy: Issues for Consumers in Cryptocurrency Bankruptcy Cases", ABI Consumer Committee Newsletter, September 2022
  • "In re Murray Energy Holdings Co.: BAP Hands Down Critical Practice Pointer on Defective Notices of Appeal", ABI Bankruptcy Litigation Committee Newsletter, September 2022
  • "In Divided Opinion, Fifth Circuit Confirms Secured Lenders May Not Reform Security Instruments Post-Petition", ABI Secured Credit Committee Newsletter, July 2022
  • "Uncommon and Controversial, Are Post-Petition Retainers Authorized Under the Bankruptcy Code?", ABI Ethics and Professional Compensation Committee Newsletter, March 2022
  • "What’s Your Bid? Auction Sales: Disclosing Bidder Connections Prevents Surprises", XL ABI Journal 3, 20-21, 54, March 2021
  • "Tortious Interference: Texas", published by Practical Law/Thomson Reuters, October 2020
  • "Quasi-Contract Claims: Texas", published by Practical Law/Thomson Reuters, August 2020
  • "Fraud: Texas - Guide to Fraud Claims Under Texas Law", published by Practical Law/Thomson Reuters, August 2020
  • "Breach of Fiduciary Duty", published by Practical Law/Thomson Reuters, August 2020
  • "Equitable Remedies for Contract Actions: Texas", published by Practical Law/Thomson Reuters, July 2020
  • "Quasi-Contract Claims: Texas", Practical Law/Thomson Reuters, 2020
  • "Equitable Remedies for Contract Actions: Texas", Practical Law/Thomson Reuters, 2020
  • "Order Striking a Charging Lien Reminds Us to Read Ethics Rules Carefully", ABI Ethics and Professional Compensation Committee Newsletter, March 2020
  • "Order Striking a Charging Lien Reminds Us to Read Ethics Rules Carefully", published in the American Bankruptcy Institute, Ethics and Professional Compensation Committee newsletter, January 2020 (ABI membership required)
  • "Oil and Gas Lease, or Farmout Agreement? Section 541(b)(4)(A)’s Exclusion of Farmout Agreements from Property of the Estate", ABI Bankruptcy Litigation Committee Newsletter, October 2019
  • "Does the Bankruptcy Code Allow Tiered Chapter 13 Plans?" American Bankruptcy Institute Journal, March 2019
  • "Problems in the Code: Does the Bankruptcy Code Allow Tiered Chapter 13 Plans?", XXXVIII ABI Journal 3, 12-13, 60, March 2019*
  • *Also selected for publication in Best of ABI 2019: The Year in Consumer Bankruptcy
  • "Mixed Priorities: Courts Divided over Whether Chapter 13 Plans May Prioritize Payments to Debtors’ Counsel over Secured Creditors", ABI Secured Creditor Committee Newsletter, July 2018
  • "American Bar Association’s CAL Pro Bono Manual", Chapter on Mississippi, 2017 and 2018

Presentations

  • Danger Ahead! Avoiding and Addressing Ethical Landmines in Attorney Engagement and Compensation, April 2023, presented at the American Bankruptcy Institute’s Annual Spring Meeting 2023
  • EPCOR’s Virtual Legal Symposium: Discussing Cryptocurrency and Bankruptcy Cases, Webinar February 22, 2023
  • A Look Ahead at Insolvency in 2023, January 18, 2023, Webinar Presented through the American Bankruptcy Institute
  • Help! My Borrower Filed for Bankruptcy—Now What? November 20, 2020, Webinar Presented through Adams & Reese LLP
  • Tips for Winning an Immigration Appeal, Presented with Judge David N. McCarty, Mississippi Court of Appeals, CLE Presentation at Mississippi College School of Law 

Education

  • Mississippi College School of Law, J.D. summa cum laude | 2011
  • North Carolina State University, B.A. Political Science | 2007

Bar Admissions

  • Mississippi
  • North Carolina

Court Admissions

  • United States Bankruptcy Court for the Eastern District of North Carolina
  • United States Bankruptcy Court for the Middle District of North Carolina
  • United States Bankruptcy Court for the Northern District of Mississippi
  • United States Bankruptcy Court for the Southern District of Mississippi
  • United States Bankruptcy Court for the Southern District of Texas
  • United States Bankruptcy Court for the Western District of North Carolina
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Third Circuit
  • United States District Court for the Eastern District of North Carolina
  • United States District Court for the Middle District of North Carolina
  • United States District Court for the Northern District of Mississippi
  • United States District Court for the Southern District of Mississippi
  • United States District Court for the Southern District of Texas
  • United States District Court for the Western District of North Carolina
  • United States Court of Appeals for the Fourth Circuit

Related Services

Recognitions

  • Best Lawyers®  Bankruptcy and Creditor Rights / Insolvency and Reorganization Law; Commercial Litigation; Litigation - Bankruptcy, 2027
  • Best Lawyers® Ones To Watch - Commercial Litigation
  • Mid-South Rising Star® (by Thomson Reuters) Appellate, Bankruptcy: Business, Business Litigation
  • Leadership in Law, Mississippi Business Journal
  • Order of Barristers
  • Does the Bankruptcy Code Allow Tiered Chapter 12 Plans? Best of ABI 2019: The Year in Consumer Bankruptcy

Education

  • Mississippi College School of Law, J.D. summa cum laude | 2011
  • North Carolina State University, B.A. Political Science | 2007

Bar Admissions

  • Mississippi
  • North Carolina

Court Admissions

  • United States Bankruptcy Court for the Eastern District of North Carolina
  • United States Bankruptcy Court for the Middle District of North Carolina
  • United States Bankruptcy Court for the Northern District of Mississippi
  • United States Bankruptcy Court for the Southern District of Mississippi
  • United States Bankruptcy Court for the Southern District of Texas
  • United States Bankruptcy Court for the Western District of North Carolina
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Third Circuit
  • United States District Court for the Eastern District of North Carolina
  • United States District Court for the Middle District of North Carolina
  • United States District Court for the Northern District of Mississippi
  • United States District Court for the Southern District of Mississippi
  • United States District Court for the Southern District of Texas
  • United States District Court for the Western District of North Carolina
  • United States Court of Appeals for the Fourth Circuit

Related Services