Attorney

Spencer W. Tanner

Litigation

Spencer W Tanner portrait

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.

Background

After graduating from Indiana University, Spencer earned his J.D. at the Indiana University Robert H. McKinney School of Law in Indianapolis. 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 over six years, including at two regional law firms prior to joining Gutwein Law.

Outside of Gutwein Law, Spencer enjoys family time including raising two rowdy boys, watching IU basketball, and socializing with friends and colleagues.

Community

Spencer is involved in several institutions, including a Member of the S.D. Ind. Local Rules Advisory Committee, Section Chair of the EBA Business & Commercial Law Section, Board of Directors & Executive Committee Member of the Easterseals Rehabilitation Center, and a member of the ISBA Leadership Development Academy (Class 11).

Areas of Focus

Successes

Litigation

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

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

Tax

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 Ind. 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

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