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Emily L. Pagorski

Member, Louisville

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)
Education
Vanderbilt University Law School
2004, J.D.
University of Georgia
2001, B.A., summa cum laude
Admissions
Illinois
Indiana
Kentucky
U.S. Court of Appeals, Seventh Circuit
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Northern District of Illinois
U.S. District Court, Northern District of Indiana
U.S. District Court, Southern District of Illinois
U.S. District Court, Southern District of Indiana
U.S. District Court, Western District of Kentucky

Recognition

  • Best Lawyers in America®, 2022
  • Kentucky Super Lawyers® Rising Star, 2013-present
  • Louisville Magazine Top Lawyer, Bankruptcy Law, 2013 and 2014

Affiliations

  • Louisville Bar Association
  • Kentucky Bar Association
  • Kentucky Shakespeare Festival, former Board of Directors
  • NeXt! Leadership Development Program
  • Credit Abuse Resistance Education, Presenter
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News Publications Seminars

 

     If You Don't Get Paid, You May As Well Stay Home, Association of Corporate Counsel,     
     Speaker, 2019

     What is a Limited Liability Company and Why Does It Matter in Bankruptcy?, National
     Conference of Bankruptcy Judges, 2017

     The Crossroads of LLCs and Bankruptcy - A Treacherous Intersection, panelist, ABA Business
     Law Section Webinar, April 2016

     Limited Liability Entities, ABA Webinar, March 2016

     Handling the Collection Case--The 360 View, University of Kentucky CLE, May 2015 and April
     2013

     Limited Liability Entities, ABA Annual Meeting, April 2015

     The Crossroad of LLCs and Bankruptcy – A Treacherous Intersection, ABA Business Law
     Section Spring Meeting, April 2015

     Protecting Against the Troubled Customer and Minimizing Potential Bankruptcy Preference
     Claims,
2Second Annual Issues for Corporate House Counsel CLE, April 2012

     Use of Collateral and Guaranties to Increase Likelihood of Repayment of Loans: Minimizing
     Risks of Lender Liability and Environmental Claims,
SKO Corporate Seminar, April 2010

     Dischargeability and Discharge, Louisville Bar Association, Oct. 2009