We play to win.

Litigation

Overview

From beginning to end, fact gathering to trial, our litigation attorneys have the knowledge and experience to advance your position within the court system.

Our one-on-one approach with clients allows us to obtain the information necessary to formulate effective strategies to present your case and work with you hand-in-hand to implement these strategies efficiently. . We have tried cases before judges and juries in local administrative, state and federal courts, and beyond.

The ability and willingness to try a case to conclusion is often the difference in achieving a successful result. Whether your litigation needs are simple or complex, Gutwein Law is on your side.

Successes

Litigation

Obtained summary judgment against defendant related to embezzlement and fraud

Litigation

Successfully defended appeal from order of trial court related to subpoena of records from defendant’s law firm and the application of defendant’s Fifth Amendment Privilege

Bankruptcy & Restructuring

Pursued administrative claim under 11 U.S.C. § 503(b)(9) and obtained payment in full on claim

Bankruptcy & Restructuring

Settled a preferential transfer claim in the amount of $519,015.39 for nuisance value

Bankruptcy & Restructuring

Represented creditor in adversary case brought by Debtor

Bankruptcy & Restructuring

Settled multi-million dollar preferential transfer and fraudulent transfer claims for less than 5% of the amounts alleged

Bankruptcy & Restructuring

Represented creditor and its affiliate in two avoidance actions filed by Creditor Trust

Bankruptcy & Restructuring

Represented debtor in sale of substantially of its assets and structured dismissal

Bankruptcy & Restructuring

Represented other creditors secured against Debtor’s personal property (equipment), and spearheaded the sale and release of liens on the collateral

Bankruptcy & Restructuring

Represented landlord in negotiation for the payment of pre- and post-petition rent obligations and in new lease with the buyer of substantially all of Debtor’s assets

Bankruptcy & Restructuring

Representing under-secured creditor in bankruptcy and pursuing personal guaranty agreement outside of case

Bankruptcy & Restructuring

Successfully foreclosed mortgages and purchased properties at sheriff sale in a timely manner

Bankruptcy & Restructuring

Represented commercial lender in seeking the immediate appointment of receiver over apartment complexes

Litigation

Transfer to Ind. Supreme Court denied

Litigation

Dismissal of municipality’s judicial review proceeding for untimeliness upheld on appeal based on statutory language

Litigation

Represented commercial developer of proposed apartment complex in a suit against municipality for discrimination under the Fair Housing Act (FHA)

Litigation

Represented employer defending against employee’s Fair Labor Standards Act (FLSA) claim seeking a collective action under minimum wage laws

Litigation

Defended landlord of apartment complex against fair housing claim brought under the accessible design and construction requirements of the Fair Housing Amendments Act

Bankruptcy & Restructuring

Successful motion for sanctions against towing company for violation of bankruptcy stay

Bankruptcy & Restructuring

Successful motion for relief from stay to repossess client collateral

Tax

Successfully petitioned the Dept. of Revenue’s denials of clients’ retail sales tax refund requests

Bankruptcy & Restructuring

Defense of adversary proceeding brought against material supplier for alleged preferential prepetition transfers

Litigation

Obtained a complete reversal on appeal of trial court’s judgment against client based on application of statute of frauds to an oral contract for sale of real estate

Litigation

Successfully dismissed conversion action filed against beneficiaries of a will by the personal representative of former spouse’s estate

Litigation

Trial court granted motion for summary judgment in favor of client on all of plaintiffs’ claims related to ownership of historical church building

The Litigation Team

Spencer W Tanner portrait

Spencer W. Tanner

Litigation

Eric A Koch portrait

Eric A. Koch

Of Counsel

Justin M Wiser portrait

Justin M. Wiser

Of Counsel

Zechariah L. Banks

Of Counsel

Kelsey A Harper portrait

Kelsey A. Harper

Of Counsel

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