Katrina A. Kershner

Katrina A. Kershner

Bankruptcy Attorney
Location:
Bedford, Texas
Phone:
(817) 886-3329
Fax:
817-545-3677
Email:

Business, commercial litigation, transactional, and bankruptcy attorney with experience representing lenders, investors, borrowers, insurance companies, debtors and creditors, and plaintiffs and defendants in high-stakes litigations, bankruptcies, workouts, transactions, asset protection, liquidations, management disputes, and financial matters.

CURRENT/RECENT CLIENTS: Representation of major U.S. retailer; Texas-based regional lender; Los Angeles-based restructuring and bankruptcy firm; Grammy nominated multi-platinum recording artist, and Illinois-based commercial lessor.

LITIGATION: Lead litigation counsel in complex tort and contract disputes. Exceptional legal advocacy in state, federal, and bankruptcy courts, and in all pre-trial and trial aspects of litigation, including discovery, summary judgement, mediation, settlement, and appeals; thorough preparation of witnesses, experts, and corporate representatives for testimony.

CORPORATE COMPLIANCE & RISK MANAGEMENT: Advise companies of state and federal laws and regulations applicable to business operations, risk management, financial matters, and asset protection; advise lenders, business borrowers, guarantors, investors, secured parties, realty entities, corporations and partnerships that own and manage substantial assets.

CONTRACTS: Negotiate and prepare business contracts and commercial agreements, including purchase and sale agreements, leases, security agreements, loan documents, forbearance agreements, assignments, and management and partnership agreements.

PROFESSIONAL AND ACADEMIC ACHIEVEMENTS

• Litigation and settlement with U.S. Govt. in civil forfeiture action as to third-party claimant's assets (ND Tex. 2015);

• Litigation and settlement of bankruptcy lease rejection claim for commercial property owner (ND Tex. BR 2015);

• Litigation and settlement of $2 million commercial guaranty claim (ND Tex. 2014);

• Sale of assets of large printing company in Dallas-Fort Worth; resolution of secured claims (2013);

• $6 million litigation settlement of federal, secured transaction and commercial foreclosure claim (ND Tex. 2012);

• Trial victory in State District Court, Dallas; successful defense of fraud and breach of contract claims (2011);

• Awarded significant sanctions against party in securities fraud case for falsification of testimony (2010);

• Representation of French Co. in U.S. lease dispute; resolved $1.5 million parent guaranty of BR debtor (Tex. 2010);

• Successful bankruptcy-adversary and federal court practice defeating Rule 9(b), 12(b) (1) and 12(b) (6) motions;

• Consistent achievement of favorable rulings in bankruptcy, federal and state court leading to settlement;

• Successful post-judgment, receivership, turnover and charging order enforcement;

• Management of entity liquidations involving hundreds of creditor claims, fraudulent transfer and contract actions;

• As Judicial Clerk, briefed MS Supreme Court Justices and drafted opinions for Presiding Justice;

• SMU Law School: drafted memoranda to Tex. Dept. of Banking and Finance for Fin. Code § 154.151 amendments;

• SMU Law School: Represented Plaintiff, judgment affirmed: Lawson v. Dallas County, 286 F. 3d 257 (5th Cir. 2002);

• Columbia University: Student Body Treasurer; Dean's List; Student Council; Convocation Speaker.

Areas of Practice

  • Business Law
  • Commercial Transactions
  • Civil Litigation
  • Commercial Litigation
  • Corporate Compliance
  • Debtor and Creditor Rights
  • Bankruptcy & Restructuring
  • Corporate Formation and Dissolution
  • Receiverships
  • Bankruptcy
  • Litigation
  • Contracts

Bar Admissions

  • Texas, 2003
  • U.S. District Court Northern District of Texas
  • U.S. District Court Eastern District of Texas
  • U.S. District Court Western District of Texas

Education

  • Southern Methodist University School of Law, Dallas, Texas
    • J.D. - 2002
    • Honors: Chief Student-Counsel: SMU Civil Litigation Clinic
    • Honors: Initiated amendments to Texas Banking and Finance Code
    • Honors: Moot Court Instructor: Teams to Semi-final and Finals
    • Honors: Judicial Internship: MS Supreme Court
    • Honors: Post-graduation Judicial Clerkship: MS Supreme Court
  • Columbia University, New York City
    • B.A. - 1998
    • Honors: Student Body Treasurer
    • Honors: Student Council Liaison to Barnard College
    • Honors: Charlotte W. Newcombe Scholar
    • Honors: Arthur Ross Scholar
    • Honors: University Convocation Speaker
    • Honors: Dean’s List
    • Major: Political Science

Representative Cases

Classes/Seminars

  • Lecturer and Presenter, National Building Materials Manufacturers Association’s Credit Group

Professional Associations and Memberships

  • American Trial Lawyers Association, Member
  • American Bar Association, Member

Past Employment Positions

  • Hon. Chares R. McRae, Presiding Justice, Mississippi Supreme Court, Judicial Clerk, 2002 - 2003
  • Fisherbroyles, L.L.P., Business Law, Commercial Litigation, Business Bankruptcy, 2006 - 2015
  • Buchanan & Burke, L.L.P., Business Law And Consumer Litigation, 2004 - 2006
  • Waters & Kraus, L.L.P., Consumer And Products Liability Litigation, 2003 - 2004
  • Supreme Court Of Ms, Judicial Law Clerk to Presiding, Supreme Court Justice, 2002 - 2003
  • Forshey & Prostok, L.L.P.

Pro Bono Activities

  • Law School Death Penalty Project
  • Southern Methodist University Civil Clinic