Indiana University - J.D., 2014

Primary Focus Area

  • Litigation


S.D. Ind. Local Rules Advisory Committee Member
ISBA Leadership Development Academy Class 11
Section Chair – EBA Business & Commercial Law Section
Board of Directors & Executive Committee Member – Easterseals Rehabilitation Center
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Other Focus Areas



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.

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.


Representative Cases

  • Beech Settlement Inc., et al. v. Indiana Annual Conference-African Methodist Episcopal Church, Inc. (Rush Co., Indiana 2022)
    • Trial court granted motion for summary judgment in favor of client on all of plaintiffs’ claims related to ownership of historical church building
  • Timothy McMurray v. Chris Smith, Craig Smith, & Estate of Conrad Keith Smith (Vand. Co., Indiana 2022)
    • Successfully dismissed conversion action filed against beneficiaries of a will by the personal representative of former spouse’s estate
  • Jo Ann Lance v. Mark A. Lance (Ind. Ct. App. July 26, 2022)
    • 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
  • RDC Liquidating Trust v. Berry Global Inc. (W.D. New York Bankr. 2022)
    • Defended creditor against preferential transfers claim
  • Tom Tepe Autocenter, Inc., et al. v. Indiana Department of Revenue (Ind. Tax Court, 2022)
    • Successfully petitioned the Dept. of Revenue’s denials of clients’ retail sales tax refund requests
  • In re: Ronald Todd Forsythe (S.D. Indiana Bankr. 2021)
    • Successful motion for relief from stay to repossess client collateral
    • Successful motion for sanctions against towing company for violation of bankruptcy stay
  • DeBoard v. Train Station Apartments, LLC (S.D. Indiana, 2021)
    • Defended landlord of apartment complex against fair housing claim brought under the accessible design and construction requirements of the Fair Housing Amendments Act
  • Monroe v. Elmer Buchta Trucking, LLC, et al. (S.D. Indiana, 2021)
    • Represented employer defending against employee’s Fair Labor Standards Act (FLSA) claim seeking a collective action under minimum wage laws
  • Allman, III v. M&H Plastics, Inc. (M.D. North Carolina Bankr., 2020)
    • Defense of adversary proceeding brought against material supplier for alleged preferential prepetition transfers
  • CWK Investments - Hillsdale, LLC v. Town of Darmstadt (S.D. Indiana 2019)
    • Represented commercial developer of proposed apartment complex in a suit against municipality for discrimination under the Fair Housing Act (FHA)
  • Petition for Judicial Review of Board of Zoning Appeals (Ind. Ct. App. 2019)
    • Dismissal of municipality’s judicial review proceeding for untimeliness upheld on appeal based on statutory language
    • Transfer to Ind. Supreme Court denied
  • Cache Private Capital Diversified Fund, LLC v. UBS Real Estate Solutions, LLC (Marion Co., Indiana 2019)
    • Represented commercial lender in seeking the immediate appointment of receiver over apartment complexes
    • Successfully foreclosed mortgages and purchased properties at sheriff sale in a timely manner
  • Borowiak IGA Foodliner, Inc. 19-40699 (S.D. Illinois Bankr., 2019)
    • Representing under-secured creditor in bankruptcy and pursuing personal guaranty agreement outside of case
  • Sit-Co, LLC, 19-70172 (S.D. Indiana Bankr., 2019)
    • 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
    • Represented other creditors secured against Debtor’s personal property (equipment), and spearheaded the sale and release of liens on the collateral
  • Piney Woods Resources, Inc., 19-01390 (N.D. Alabama Bankr., 2019)
    • Represented debtor in sale of substantially of its assets and structured dismissal
  • Gulf Packaging, Inc., 15-15249 (N.D. Illinois Bankr., 2019)
    • Represented creditor and its affiliate in two avoidance actions filed by Creditor Trust
    • Settled multi-million dollar preferential transfer and fraudulent transfer claims for less than 5% of the amounts alleged
  • Diverse Label Printing, LLC, 18-10792 (M.D. North Carolina Bankr., 2018)
    • Represented creditor in adversary case brought by Debtor
    • Settled a preferential transfer claim in the amount of $519,015.39 for nuisance value
    • Pursued administrative claim under 11 U.S.C. § 503(b)(9) and obtained payment in full on claim
  • Diyee Boulangger v. Ohio Valley Eye Institute, P.C. (Ind. Ct. App. 2018)
    • 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 
    • Obtained summary judgment against defendant related to embezzlement and fraud