Middle District gets new bankruptcy judge

Posted on March 4, 2010 12:45 by Janet Conley

James P. Smith, who became the Middle District of Georgia's newest bankruptcy judge on Feb. 22, said he first got a lead on his current job at a Super Bowl party two years ago.

At that party, he ran into Robert F. Hershner Jr., a Middle District bankruptcy judge who told Smith he was planning to retire soon. When Hershner submitted his letter of resignation, the 11th U.S. Circuit Court of Appeals, which is responsible for vetting and appointing bankruptcy judges, announced an opening. Smith filed an application for the post and got the job last month.

Hershner and Smith share a legal legacy of sorts. The two had both practiced law with Macon lawyer Jerome L. Kaplan, although at different times. Hershner left Kaplan's firm in 1980 to go on the bankruptcy bench; Smith joined that firm, then known as Kaplan & Thomason, a year later, right after getting his law and M.B.A. degrees from the University of Georgia.

In 1985, the firm became the Macon office of Arnall Golden Gregory, where Smith said he spent 20 years handling business litigation and representing institutional creditors in bankruptcy matters. But in 2005, Arnall decided to close the office, and Smith, along with Kaplan and Ronald C. Thomason, joined former Arnall partner Ward Stone Jr., who'd left earlier to found his own firm, Stone & Baxter. At the smaller firm, Smith's practice became more focused on business debtors in Chapter 11 reorganizations.

Smith credits Kaplan with mentoring him and Hershner in their careers, calling his former colleague “the producer of bankruptcy judges.”

Smith's tenure as a bankruptcy judge really began on Monday, when he heard his first cases. Asked how things were going so far, he quipped, “Well, nobody's died yet.”


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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