Emily L. Pagorski

Emily joined Stoll Keenon Ogden in 2004 and is a Member in the Bankruptcy & Financial Restructuring, Banking Litigation and Business Litigation practice groups. In her years at the firm working with business debtors and lenders, among other commercial clients, Emily has become a reputable expert in bankruptcy law and has been recognized by Kentucky Super Lawyers as a Rising Star in this category for three consecutive years, beginning in 2014.

Emily frequently speaks on bankruptcy and creditors’ rights issues to various organizations, including the National Conference of Bankruptcy Judges, the American Bar Association and the University of Kentucky.

Bankruptcy & Financial Restructuring: Emily counsels debtors, major secured lenders, utility providers, retailers, unsecured vendors and trade creditors in all aspects of troubled credit situations in the retail, healthcare, mining, automotive, hospitality, dairy, grocery, equine and lumber industries, among others. She has an extensive background in Chapter 11 reorganizations (both commercial and personal) and represented a large secured creditor in a Chapter 9 proceeding involving a healthcare facility. She also routinely defends clients against preferential avoidance actions throughout the U.S.

Banking Litigation: Emily represents major regional and commercial banks in foreclosures of office buildings, shopping centers, residential properties, warehouses and manufacturing facilities. Lender liability is another matter that Emily handles for clients. Among her successes in this area is winning a federal court summary judgment in a case involving a major regional bank.

Business Litigation: With a deep understanding of the challenges facing commercial enterprises, particularly in the realm of finance, Emily works with companies of all sizes faced with business disputes. She takes a strategic approach to resolving complex issues, counseling clients from the outset of a conflict through the trial process.

Recent representative engagements include:

• In re Hartshorne Holdings, LLC (2020)—Represents principal customer of Chapter 11 coal operator in major dispute re assumption of coal supply contract (Kentucky)
• In re Morgan Administration, Inc. (2020) — Represents vendor and preference defendant (Chicago, Illinois)
• In re Murray Energy Holdings Co. (2019)—Represents a major utility provider and coal purchaser (Ohio)
• In re Blackjewel, LLC, et al (2019)—Represents major utility provider (West Virginia)
• In re Bowman Diary Farms, LLC (2019) – Represented purchaser of assets (Indianapolis, Indiana)
• In re Sears Holding Corp. (2018)—Represents a national brand vendor and preference defendant (New York)
• In re CRS Reprocessing, LLC (2017-18)—Represented Chapter 11 Debtor in obtaining successful 363 sale (Louisville, Kentucky)
• In re Arch Coal, Inc. (2017)—Represented utility creditor in Chapter 11 (St. Louis, Missouri)
• In re The Roomstores of Phoenix (2018)—Defended multinational manufacturer/distributor from bankruptcy preference claims) (Phoenix, Arizona)
• In re hhgregg, Inc. (2018)—Defended multinational manufacturer/distributor from bankruptcy preference claims (Indianapolis, Indiana)
• In re The Bon-Ton Stores, Inc. (2018)—Represented national vendor (Delaware)
• In re Adair County Hospital District. (2013) —Represented secured creditor (Louisville, Kentucky)
• In re Shreibman (2012)—Represented largest secured lender in $60 million individual Chapter 11 (Nashville, Tennessee)
• In re Wapehani Hills Apartments, LLC (2012) —Represented state court receiver of 161-unit multi-family apartment complex in state court foreclosure proceedings and subsequent chapter 11 filing by complex owner (Indianapolis, Indiana)
• In re Chrysler, LLC (2009) (New York), In re General Motors Corporation (2009) (New York) and In re Interlake Material Handling, Inc. (2009) (Delaware) — Represented large automotive supplier
• In re Jockeys' Guild, Inc., (2007) - Represented debtor-in-possession, confirmed plan of reorganization) (Louisville, Kentucky)