Katrina A. Kershner
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.
- BANKRUPTCY: Chapter 7, Chapter 11, and Chapter 13 bankruptcies.
- 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.
- 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.
Southern Methodist University School of Law
- Chief Student-Counsel: SMU Civil Litigation Clinic
- Initiated amendments to Texas Banking and Finance Code
- Moot Court Instructor: Teams to Semi-final and Finals
- Judicial Internship: MS Supreme Court
- Post-graduation Judicial Clerkship: MS Supreme Court
Columbia University in the City of New York
BA, Political Science, 1998
- Student Body Treasurer
- Student Council Liaison to Barnard College
- Charlotte W. Newcombe Scholar
- Arthur Ross Scholar
- University Convocation Speaker
- 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
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.
In re Texas Rangers Baseball Partners: Forshey & Prostok, L.L.P.: Retained as conflicts-counsel to represent the Texas Rangers Baseball organization during bankruptcy and bidding procedures; drafted urgent pleadings regarding asset transfers, and breach of contract and commercial lease claims.
MC Asset Recovery, L.L.C. vs. Commerzbank AG, et al: Forshey & Prostok, L.L.P.: Bankruptcy avoidance action arising from reorganization of Mirant Energy Corporation, the largest commercial reorganization in Texas history. Assigned to Amsterdam and Utrecht, Netherlands to collect and analyze evidence; also conducted discovery and motion practice in this action, which involved a €1.1 billion turbine project in Europe and an avoidance claim of €153 million ($190 million) against an equipment manufacturer and European lender-syndicate, including BNP Paribas, Credit Lyonnais, Danske, Royal Bank of Scotland, and Commerzbank, AG.
Lectures and Presentations
Repeated lecturer and presenter for the National Building Materials Manufacturers Association’s Credit Group, which includes Chief Financial Officers and Credit Managers from companies such as the United States Gypsum Co., National Gypsum Co., Owens Corning, Inc., NACS – North American Credit Services, First American Resources Co., and Royal Group, Inc. Update and address credit risk resulting from entity type, new laws, and litigation management.
FISHERBROYLES, L.L.P. Business Law, Commercial Litigation, Business Bankruptcy
Represented parties in business and risk management matters, commercial litigation and bankruptcy, federal, state, and bankruptcy courts, and in the negotiation of business agreements; advocated in all phases of litigation, transactions, workouts, compliance matters, entity formation, and in connection with security interests, asset protection, commercial leases, and judgment enforcement. Representation of partnerships, property owners, investors, and creditors.
FORSHEY & PROSTOK, L.L.P. Business Law, Commercial Litigation, Business Bankruptcy
Litigated bankruptcy, federal, and state cases for Chambers recognized law firm specializing in Chapter 11 cases and commercial reorganizations. Practiced in all phases of litigation in federal, bankruptcy, and state courts in connection with business bankruptcies, compliance, securities actions, contract disputes, fraudulent transfer and guaranty claims, secured transactions, workouts, and judgement enforcement.
BUCHANAN & BURKE, L.L.P. Business Law and Consumer Litigation
Litigated federal and state, commercial contract and tort claims involving manufacturer warranties, real estate claims, and breach of contract claims; managed discovery and drafted drafted pleadings, summary judgment, pretrial and trial motions, contracts, and settlement agreements; conducted depositions and witness and expert interviews, and argued at hearings.
WATERS & KRAUS, L.L.P. Consumer and Products Liability Litigation
Litigated and settled products liability claims filed in TX, CA, MS, and MA; attended depositions and hearings, counseled clients, interviewed witnesses and experts, analyzed claims and damages; advised senior partners of litigation-climate in multiple jurisdictions; established referral business.
SUPREME COURT OF MS Judicial Law Clerk to Presiding, Supreme Court Justice
Judicial law clerk of highest appellate court in state of Mississippi, serving to the Presiding Justice; drafted majority and dissenting opinions published by the Court; assisted in resolution of appeals addressing congressional redistricting, statutory construction, constitutional, UCC, and death penalty claims; briefed Justices prior to arguments and en banc hearings; briefed counsel concerning oral argument procedure.