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My goal is to deliver high quality advocacy and work product on my clients’ behalf but also to learn about my clients’ and their work. That allows me to tailor my advocacy to their actual business needs.

Tim Anzenberger is a commercial and bankruptcy litigator, pursuing the interests of financial institutions and other creditors in bankruptcy cases and litigating on their behalf in state and federal courts. Tim is also an experienced appellate litigator in financial-services cases, handling all stages of an appeal—from post-trial motions through oral argument.

 His experience includes representing lenders in commercial restructuring and bankruptcy cases; defending preference actions; defending lender-liability claims; prosecuting objections to discharge; pursuing fraudulent transfers; and defending creditors in adversary proceedings. 

Tim is an active member of the American Bankruptcy Institute and frequently writes for the ABI Journal and its committee newsletters. He currently serves as Co-Chair of the ABI’s Ethics and Professional Compensation Committee and sits on the Advisory Board for the ABI Southeast Bankruptcy Workshop.

As part of his appellate practice, Tim is a member of the Pro Bono Appellate Programs for the United States Courts of Appeals for the Fifth and Ninth Circuits.

Before private practice, Tim served as a law clerk for Presiding Justice Jess H. Dickinson of the Mississippi Supreme Court and served as a legal extern in the Staff Attorney’s Office of the United States Court of Appeals for the Fifth Circuit.

In law school, Tim served as an executive editor of the Mississippi College Law Review and was active on the Moot Court Board, where he was 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 also received Best Paper Awards in Antitrust Law, Law and Economics, Criminal Law, Secured Transactions, Legal Writing, and Capital Punishment Law.

Publications

  • Strategic Alternatives For and Against Distressed Businesses, Contributor, Chapters 18, 19, 30, and 59 (Thomson West 2022 ed.)
  • In Divided Opinion, Fifth Circuit Confirms Secured Lenders May Not Reform Security Instruments Post-Petition, ABI Secured Credit Committee Newsletters, July 2022
  • Uncommon and Controversial, Are Post-Petition Retainers Authorized Under the Bankruptcy Code? ABI Ethics and Professional Compensation Newsletter, Vol. 20, Num. 1, May 2022
  • What’s Your Bid? Auction Sales: Disclosing Bidder Connections Prevents Surprises, XL ABI Journal 3, 20-21, 54, March 2021
  • Quasi-Contract Claims: Texas (Practical Law/Thomson Reuters 2020)
  • Equitable Remedies for Contract Actions: Texas (Practical Law/Thomson Reuters 2020)
  • Fraud: Texas (Practical Law/Thomson Reuters 2020)
  • Breach of Fiduciary Duties: Texas (Practical Law/Thomson Reuters 2020)
  • Tortious Interference: 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, Vol. 18, Num. 1, March 2020
  • Problems in the Code: Does the Bankruptcy Code Allow Tiered Chapter 13 Plans? XXXVIII ABI Journal 3, 12-13, 60, March 2019
  • Mixed Priorities: Courts Divided over Whether Chapter 13 Plans May Prioritize Payments to Debtors’ Counsel over Secured Creditors, ABI Secured Credit Committee Newsletter, Vol. 15, Num. 3, July 2018
  • American Bar Association’s CAL Pro Bono Manual, Chapter on Mississippi, 2017 and 2018 

Presentations

  • Getting Retained and Paid (Ethically) from the Bankruptcy Estate, American Bankruptcy Institute Winter Leadership Conference, December 4, 2020
  • Help! My Borrower Filed for Bankruptcy—Now What? November 20, 2020, Presented through Adams and Reese LLP
  • Tips for Winning an Immigration Appeal, Presented with Judge David N. McCarty, Mississippi Court of Appeals, at Mississippi College School of Law
  • Getting Retained and Paid (Ethically) from the Bankruptcy Estate, American Bankruptcy Institute Winter Leadership Conference, December 4, 2020

Education

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

Bar Admissions

  • Mississippi
  • North Carolina

Court Admissions

  • Mississippi
  • United States Bankruptcy Court for the Northern District of Mississippi
  • United States Bankruptcy Court for the Southern District of Mississippi
  • United States District Court for the Northern District of Mississippi
  • United States District Court for the Southern District of Mississippi
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • North Carolina

Acknowledgements

  • Leadership in Law, Mississippi Business Journal, 2012
  • Mid-South Rising Star® (by Thomson Reuters) Appellate, Bankruptcy: Business, Business Litigation 2016 and 2019
  • Order of Barristers
  • Does the Bankruptcy Code Allow Tiered Chapter 12 Plans?  Best of ABI 2019:  The Year in Consumer Bankruptcy
  • Best Lawyers® Ones To Watch - Commercial Litigation, 2021, 2022, 2023

Professional Affiliations & Memberships

  • The Mississippi Bar: Appellate Practice Section, Business Law Section, Litigation Section
  • Capital Area Bar Association
  • Mississippi Bankruptcy Conference
  • Jackson Young Lawyers
  • U.S. Court of Appeals for the Ninth Circuit, Pro Bono Program
  • Charles Clark American Inn of Court, Associate Member
  • Madison County Young Professionals
  • 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 comingled assets, securing a favorable ruling and judgment converting a debtor’s bankruptcy case.