Attorney Herbison files for chapter 13

Attorney who represented convicted killer Perry March seeks bankruptcy protection to halt the foreclosure sale of his home

Email | Print By Frank Shyong

Local attorney John E. Herbison has filed for chapter 13 protection in bankruptcy court, seeking to reschedule a debt of over $300,000 and prevent the foreclosure sale of his home.

Herbison, known to the Metro Vice division as "Herbicide, has acquired a reputation as a pinch hitter for Nashville’s most notorious — with past clients including Nashville porn king Jerry Pendergrass and former Nashville attorney and convicted killer Perry March.

According to Herbison’s lawyer, Steve Lefkovitz, his financial troubles began when his wife passed away in May 2006 after a long illness. Her death came between the first and second of Perry March's three criminal trials that year, and which resulted in lengthy prison sentences for murder, conspiracy to murder and theft, among other charges.

"I never really had an opportunity to grieve my wife's passing," said Herbison.

Lefkowitz said Herbison had no choice but to postpone his grief.

“He was taking care of an ailing wife and working on an all-encompassing trial… he’s been on the rebound ever since,” said Lefkovitz, who also co-hosted WLAC radio’s “Legally Speaking,” a legal issues talk show, with Herbison.

After the trial ended, Herbison had problems with depression, and took a 2 month leave of absence to receive clinical treatment. He now owes thousands in medical bills, and his court filings indicate that his law practice has seen better days. Its net income for the last 6 months was just over $36,000.

His largest creditor is First Horizon Home Loans, which claims a liability of $150,000 dollars. He also owes $120,000 in taxes to the IRS.

Herbison plans to repay his debts over a period of 60 months, according to the currently proposed plan. The creditors' meeting will take place in August.

“The intent of this bankruptcy is just for John to pay his bills,” said Lefkovitz. “Losing a loved one in the middle of a major case — it has an impact on you.”