Litigation
Trial court granted motion for summary judgment in favor of client on all of plaintiffs’ claims related to ownership of historical church building.
About
An experienced litigator, Spencer practices in the areas of commercial litigation and bankruptcy. He provides each client the best possible counsel and representation, identifying a strategy to reach the client’s ultimate goal before thoroughly and effectively guiding the client through the legal process. Spencer prides himself on responsiveness and quick turnaround times, recognizing that many legal issues arise quickly and call for efficient action.
Spencer’s work in commercial litigation involves advising a diverse set of clients involved in all manner of civil litigation, including but not limited to, cases related to commercial receiverships, foreclosures, and evictions, buyers and sellers of goods, product liability, corporate control and governance, labor and employment, and fair housing law.
When it comes to his work in bankruptcy, Spencer represents financial institutions and other creditors pre- and post-bankruptcy filings. Spencer has extensive experience representing creditors in defense of preferential and fraudulent transfer avoidance proceedings as well as representing commercial landlords in Chapter 11 cases.
Prior to joining Gutwein Law, he served the Indiana Office of Attorney General as both a law clerk and deputy attorney general. Upon returning to Evansville, Spencer has worked in private practice for more than ten years, including at two regional law firms prior to joining Gutwein Law.
Outside of the office, Spencer enjoys family time including raising two rowdy boys, watching IU basketball, and socializing with friends and colleagues.
Education
- Indiana University McKinney School of Law – J.D., 2014
- Indiana University – B.A. Political Science and History, 2010
Admissions
- Indiana
Community
- Member, S.D. Ind. Local Rules Advisory Committee,
- Board of Directors, Evansville Bar Association
- Member, ISBA Leadership Development Academy (Class 11)
Recognition
- Super Lawyers Rising Stars list in Business Litigation (2025)
Areas of Focus
Successes
Litigation
Successfully dismissed conversion action filed against beneficiaries of a will by the personal representative of former spouse’s estate.
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.
Bankruptcy & Restructuring
Defense of adversary proceeding brought against material supplier for alleged preferential prepetition transfers.
Litigation
Successfully petitioned the Dept. of Revenue’s denials of clients’ retail sales tax refund requests.
Bankruptcy & Restructuring
Successful motion for relief from stay to repossess client collateral.
Bankruptcy & Restructuring
Successful motion for sanctions against towing company for violation of bankruptcy stay.
Litigation
Defended landlord of apartment complex against fair housing claim brought under the accessible design and construction requirements of the Fair Housing Amendments Act.
Litigation
Represented employer defending against employee’s Fair Labor Standards Act (FLSA) claim seeking a collective action under minimum wage laws.
Litigation
Represented commercial developer of proposed apartment complex in a suit against municipality for discrimination under the Fair Housing Act (FHA).
Litigation
Dismissal of municipality’s judicial review proceeding for untimeliness upheld on appeal based on statutory language.
Litigation
Transfer to Indiana Supreme Court denied.
Bankruptcy & Restructuring
Represented commercial lender in seeking the immediate appointment of receiver over apartment complexes.
Bankruptcy & Restructuring
Successfully foreclosed mortgages and purchased properties at sheriff sale in a timely manner.
Bankruptcy & Restructuring
Representing under-secured creditor in bankruptcy and pursuing personal guaranty agreement outside of case.
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
Represented other creditors secured against Debtor’s personal property (equipment), and spearheaded the sale and release of liens on the collateral.
Bankruptcy & Restructuring
Represented debtor in sale of substantially of its assets and structured dismissal.
Bankruptcy & Restructuring
Represented creditor and its affiliate in two avoidance actions filed by Creditor Trust.
Bankruptcy & Restructuring
Settled multi-million dollar preferential transfer and fraudulent transfer claims for less than 5% of the amounts alleged.
Bankruptcy & Restructuring
Represented creditor in adversary case brought by Debtor.
Bankruptcy & Restructuring
Settled a preferential transfer claim in the amount of $519,015.39 for nuisance value.
Bankruptcy & Restructuring
Pursued administrative claim under 11 U.S.C. § 503(b)(9) and obtained payment in full on claim.
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.
Litigation
Obtained summary judgment against defendant related to embezzlement and fraud.
Real Estate Litigation
Dismissal of buyer’s claims that a title insurer failed to inform buyer that property was in a flood plain despite no duty existing to do so.
General Commercial Litigation
Successfully defended a trial court’s granting of a motion for default judgment when defendant later tried to set aside the judgment.
General Commercial Litigation
Successfully defended an appeal of a trial court’s order related to a farm lease dispute in which client was wrongfully ejected from the property.