Photo of David L. Bury Jr.

Mr. Bury is a Partner with Stone & Baxter, LLP in Macon, Georgia. His experience includes litigating business disputes in state and federal courts; representing debtors, creditors, and other interested parties in out-of-court workouts and bankruptcy cases; and advising businesses and their owners on general and transactional matters.

“Stand next to Jerry at any bar or statewide CLE event, and you’ll meet everyone.” That’s what my new colleagues told me when I joined Stone & Baxter. They were right. Ward Stone (my mentor) and Jerry Kaplan (Ward’s mentor) picked me up at my house on March 18, 2010—literally my first day at the firm—to attend SBLI in Atlanta. And before the weekend was over, I had met more judges and lawyers in three days than I had met in my prior three years of practice combined.

Sadly, Jerome Lewis Kaplan died earlier this year on January 26, 2022. He was 86.

Clearly, I took my time with this. I wanted to get it right, and I hope it is right. Here goes.

Continue Reading A Tribute to Jerome L. “Jerry” Kaplan

As Stone & Baxter wraps-up its 25th year in business, we wanted to wish everyone a Merry Christmas and Happy Holidays. We hope this finds you well, safe, and with as much of your family as these crazy times will permit.

The Burys are headed to see Jessica’s parents in D.C. this week, but stay

Late yesterday, Judge Colleen McMahon (SDNY), in a 142-page (!) opinion, reversed the plan confirmation order in the Purdue Pharma Chapter 11 appeal on the basis that its non-consensual third-party releases are improper under the Bankruptcy Code.

As quick background, Purdue Pharma manufactures OxyContin. It sought Chapter 11 bankruptcy protection in September 2019 in response

Coming off our month long Judge Drake Series, I sat down this morning to comb through Westlaw for new Subchapter V opinions. I found a couple, but they can wait. What really got my attention was an opinion from Bankruptcy Judge Scott Clarkson (C.D. Cal). The case is In re Summit Financial, Inc., 2021 WL 5173331 (Bankr. C.D. Cal. Nov. 5, 2021). You can find the opinion here.

We attribute Judge Clarkson as having issued the very first substantive Subchapter V opinion. Technically, his November opinion relates to a Sub V debtor, but the issue is far more universal, and kind of scary, too: Is it ever plagiarism or, at least, unethical to copy/paste from other attorneys’ pleadings? Possibly.

Continue Reading Is it Ever Plagiarism to Use Other Attorneys’ Work Product?

Today we wrap-up our month-long series on Georgia’s Ret. Judge W. Homer Drake, Jr. Click here if you missed the first five posts. In this post, we finally get to Judge Drake’s #1 most cited Chapter 11 confirmation opinion, Metrocraft Publishing, a 37 year old disclosure statement opinion involving Paul Bonapfel before he was Bankruptcy Judge Bonapfel. And if you stick around, we’ve got a bonus paragraph or two about EMD, LLC v. Stabilis Fund II, LLC (2014), a 35 page (!) Till opinion that, while missing inexplicably from Westlaw, might be Judge Drake’s hidden masterpiece on confirmation issues.

Continue Reading Judges Series – Judge Homer Drake’s Top 10 Confirmation Opinions – Part 6 (#1)

As you can’t help but know by now, we’ve been covering Georgia’s Ret. Judge W. Homer Drake, Jr. Click here if you missed the first four posts. We’ll wrap-up Judge Drake’s Top 10 Chapter 11 confirmation opinions by Tuesday, with today’s post covering #2. We’re excited to have financial advisor and Till expert Richard Gaudet, of GGG Partners in Atlanta, reverse engineer in this post Judge Drake’s pre-Till analysis 30 years later, because why not? And for some New York Times worthy trivia about Judge Drake’s chambers, see below in the conclusion.

Continue Reading Judges Series – Judge Homer Drake’s Top 10 Confirmation Opinions – Part 5 (#2)

(Judge Drake and former SBLI/Drake Prof. Michael Sabbath)

Thanksgiving’s over, Christmas is fast approaching, and we’re finally near the finish line for our first Bankruptcy Judges segment. To start, we’ve been covering Georgia’s Ret. Judge W. Homer Drake, Jr. If you know Judge Drake, then you’ll agree that he’d likely be a little impatient at this point. “Mr. Bury, I think the Court understands your argument. Let’s wrap this up”—is something I heard a few times, especially after a third or fourth “Finally, Your Honor…” To wrap it up then, we’ll cover his three most cited Chapter 11 confirmation opinions by Monday, starting with #3 today. If you missed the introduction, you’ll find it here. We covered #10 through #6 here. And #5 and 4 here and here.

Continue Reading Judges Series – Judge Homer Drake’s Top 10 Confirmation Opinions – Part 4 (#3)

(Kate B.’s “Turkey Art”) (2015)

On Thanksgiving no less (one of my favorite days to post), we continue our series about Georgia’s Ret. Judge W. Homer Drake, Jr. I’m running out of neat Judge Drake pictures so we’ll reuse Kate’s (abstract) Thanksgiving art instead.

You can find the introductory post here. After that, we covered the first half of Judge Drake’s Top 10 Chapter 11 confirmation opinions (#10 through #6) here. And then we covered #5 here. Today we’ll just cover #4 because it’s so extensive and I need to pick up our Fincher’s turkey by 11. We’ll wrap it up with the Top 3 by month-end.

With that, here is Judge Drake’s fourth most cited and perhaps his most scholarly and extensive confirmation opinion.

Continue Reading Judges Series – Judge Homer Drake’s Top 10 Confirmation Opinions – Part 3 (#4)

We continue this week with our Bankruptcy Judges series. Georgia’s Ret. Judge W. Homer Drake, Jr. is the focus. You can find the introductory post here. Last week we covered the first half of Judge Drake’s Top 10 Chapter 11 confirmation opinions (i.e., #10 through #6). You can find it here. And this week, we continue with the second half. However, rather than combining the #5 to #1 opinions all in one post, we figured we’d experiment with one case per post for a shorter post that’s easier to digest. Here is Judge Drake’s fifth most cited confirmation opinion.

Continue Reading Judges Series – Judge Homer Drake’s Top 10 Confirmation Opinions – Part 2 (#5)

A couple of weeks ago, we kicked off a Bankruptcy Judges series, with the first part of the series being devoted to Georgia’s Ret. Judge W. Homer Drake, Jr. While the feedback  has been very positive, I attribute at least 90% of it to readers’ affection for Judge Drake that he earned over 53 years on the bench and 10% or less to my efforts to curate those years into an interesting opening profile. We now turn to the more serious business of covering (some of) Judge Drake’s 555 bankruptcy opinions.

As we encountered in our unlikely bankruptcy profiles of Justice Scalia, Justice Ginsburg, and Justice Gorsuch, transitioning from the profile to the decisions must be, if you’re doing it right, a little underwhelming. Nevertheless, over the next couple of weeks we’ll slice and dice our “JU(Drake)” Westlaw search to find the most educational and interesting parts. In this post, we’ll cover Judge Drake’s most cited confirmation-related Chapter 11 opinions in a Top 10 format.

Continue Reading Judges Series – Judge Homer Drake’s Top 10 Confirmation Opinions – Part 1 (#10 to #6)