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Emily L. Pagorski

Member, Louisville

Emily has been with the firm since 2004. She co-chairs the Banking Litigation practice and is an active participant in the Bankruptcy & Financial Restructurings practice as well as the Business Litigation practice.

Emily’s practice focuses on bankruptcy and commercial litigation matters. In the bankruptcy setting, Emily has represented debtors, major secured lenders, utility providers, unsecured vendors and trade creditors. She has extensive experience in Chapter 11 reorganizations (both commercial and individual) and Chapter 9 municipal debt adjustment proceedings. Emily recently represented the major secured creditor in Chapter 9 municipal bankruptcy filing by a hospital district in which a consensual plan was confirmed following an extended mediation. She also routinely defends against preferential avoidance actions throughout the country.

In her commercial litigation practice, Emily routinely represents major regional banks and commercial banks in foreclosures of office buildings, shopping centers, subdivision property, multi-family residential properties, warehouses and manufacturing facilities. She also handles lender liability matters and obtained a federal court summary judgment in such a case involving a major regional bank.

Emily is a member of the Louisville and Kentucky Bar associations. She frequently speaks on bankruptcy and creditors’ rights issues including for the American Bar Association and the University of Kentucky. Emily is active in the community and serves on the Kentucky Shakespeare Festival board of directors. She also is a volunteer presenter for Credit Abuse Resistance Education at local high schools.

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

  • Kentucky Super Lawyers, Bankruptcy: Business, 2017
  • Kentucky Super Lawyers Rising Star, Bankruptcy: Business, 2014-2016
  • Louisville Magazine Top Lawyer, Bankruptcy Law, 2013 and 2014

Affiliations

  • Louisville Bar Association
  • Kentucky Bar Association
  • Kentucky Shakespeare Festival, board of directors
  • NeXt! Leadership Development Program
  • 100 Wise Women, table host and participant
  • Big Brothers Big Sisters Bowl for Kids' Sake, participant
  • National Brussels Griffon Club, Southern Area director, 2011-2012
  • Credit Abuse Resistance Education, presenter
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Work Highlights

Lender Liability Defense/Chapter 11 Bankruptcy

Obtained summary judgment from an Indiana federal court dismissing a lender liability action against a major regional bank and obtained dismissal of the borrower’s Chapter 11.

Related Practices: Banking, Banking Litigation

Commercial Foreclosure

Represented major regional banks and community banks in foreclosures of office buildings, shopping centers, golf courses, subdivision property, multi-family residential properties, warehouses, manufacturing facilities and others.

News Publications Seminars

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, 22nd 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