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Spencer P. Desai 

Spencer P. Desai has more than 25 years of experience in bankruptcy law. He has focused his practice on bankruptcy, business reorganization, business loan workouts, debtor/creditor rights, Chapter 7 & 11 bankruptcy, and commercial litigation.

Spencer P. Desai has more than 25 years of experience in bankruptcy law. He has focused his practice on bankruptcy, business reorganization, business loan workouts, debtor/creditor rights, Chapter 7 & 11 bankruptcy, and commercial litigation. His representation of corporate and individual borrowers includes bankruptcy proceedings, workouts, defense of fraud and collection actions and asset protection planning. Mr. Desai has advocated for banks and lenders on a wide array of issues, including loan enforcement, workouts, lender liability defense, prosecution of fraud actions, and stay relief and other matters in the United States Bankruptcy Courts. He has also represented a broad diversity of other constituencies including Chapter 7 trustees, creditors’ committees, lessors, and business acquirers.

Practical Experience

  • Primary counsel for lender in multi-jurisdiction loan litigation matter involving lien priority, fraud and lender liability issues with highly favorable settlement for client.

  • Counsel for chapter 7 trustee in Popkin & Stern bankruptcy case, the largest professional corporation bankruptcy in Missouri.

  • Successful confirmation of multiple corporate and individual Chapter 11 bankruptcy cases in the 8th Circuit.

  • Handled preference litigation for Interstate Bakeries bankruptcy estates.

 

Education

Saint Louis University, J.D., 1991

University of Missouri - Columbia, B.A., 1987

Claremont McKenna College

Admissions

  • Missouri
  • Illinois
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. District Court for the Eastern District of Missouri
  • U.S. District Court for the Western District of Missouri
  • U.S. District Court for the Southern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Northern District of Illinois

Awards, Merits & Honors

  • Best Lawyers® - The Best Lawyers in America - Banking and Finance Law (2018-2019)
  • Missouri & Kansas Super Lawyers (2010-2018)
  • Martindale-Hubbell "AV" Rating

Professional & Community Involvement

  • American Bankruptcy Institute, 1991-present
  • Director, Fortune Bank, St. Louis, Missouri, 2012-present
  • Turnaround Management Association, 2007-present
  • Missouri Bankers Association, Member Bank Counsel Section, 2007-present
  • Board of Directors (Past President), University City Children’s Center, 2005-2009