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)
Recognition
• Best Lawyers®, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2022-present
• Kentucky Rising Stars® Honoree, 2013-2019
• Louisville Magazine Top Lawyer, Bankruptcy Law, 2013 and 2014
News
118 SKO Attorneys Named to “2023 U.S. News Best Lawyers® in America”, Aug. 18, 2022
77 STOLL KEENON OGDEN ATTORNEYS HONORED IN “BEST LAWYERS IN AMERICA” 2022 Edition, Aug. 19, 2021
Kentucky Super Lawyers Recognizes 52 Stoll Keenon Ogden Attorneys, Dec. 11, 2018
SKO Named Litigation Firm of the Year for the 5th Time, Feb. 16, 2018
Five SKO Attorneys Recognized Among Top 50 Kentucky Super Lawyers, Nov. 18, 2016
Lea Pauley Goff and Richard G. Griffith named among Top 50 Kentucky Super Lawyers, Nov. 30, 2015
Checkmate: Trumping a Supplier’s Administrative Claim, Sep. 21, 2015
Kentucky Super Lawyers Recognizes 57 Stoll Keenon Ogden Attorneys, Nov. 24, 2014
33 SKO Attorneys Named “Top Lawyer” by Louisville Magazine, Mar. 25, 2014
Kentucky Super Lawyers Recognizes 42 Stoll Keenon Ogden Attorneys, Nov. 26, 2013
34 SKO Attorneys Names “Top Lawyer” by Louisville Magazine, Mar. 5, 2013
Seven SKO Attorneys Selected for Community Leadership Roles, Aug. 13, 2012
Publications
Preference Claims and the Ordinary Course Defense: A Tale of Two Suppliers, Mar. 23, 2022
Good News for Suppliers and Commercial Landlords From the Bankruptcy Homefront (Yes, You Read That Correctly)!, Mar. 23, 2021
The Small Business Bankruptcy Reorganization Act; This New Law May Be Getting Lots of Attention, Apr. 6, 2020
Trademark Licensees pick up a Win in Bankruptcy, May 24, 2019
Payback time: Know how a bankruptcy customer can cost you, Nov. 8, 2013
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
Affiliations
• Louisville Bar Association
• Kentucky Bar Association
• Kentucky Shakespeare Festival, former Board of Directors
• NeXt! Leadership Development Program
• Credit Abuse Resistance Education, Presenter
