Justin A. Kesselman

Client Work

Bankruptcy & Financial Restructuring

• Counsel to CoverFX debtors in subchapter v cases, named 2022 Chapter 11 Reorganization of the Year ($10mm - $100mm) by The M&A Advisor.
• Counsel to top-30 creditor in Chapter 11 cases of SunGard Availability Services.
• Counsel to creditors’ committee and creditor trust in Chapter 11 liquidation case of Greensill Capital, the U.S. arm of the collapsed global supply chain finance enterprise.
• Counsel to creditors’ committee and creditor trust in Chapter 11 reorganization cases of luxury grocery chain Dean & Deluca.
• Counsel to indenture trustee for more than $300 million in second-lien notes in Mallinckrodt plc’s Chapter 11 cases.
• Counsel to indenture trustee for $350 million in second-lien notes in The Hertz Corporation’s Chapter 11 cases.
• Counsel to indenture trustee for more than $17 billion in senior notes in Pacific Gas and Electric Company’s Chapter 11 cases.
• Counsel to top-30 creditor and creditors’ committee member in the Chapter 11 cases of CMC II and affiliated skilled nursing facilities.
• Counsel to landlord in Chapter 11 cases of Absolut Facilities Management and affiliated skilled nursing facilities.
• Counsel to post-confirmation liquidating trust in the Chapter 11 cases of body-armor manufacturer Point Blank Solutionss n/k/a SS Body Armor.
• Counsel to real estate developer debtor with complex international asset and debt portfolio, successfully discharging debts in excess of $40 million.
• Counsel to assignee of international lobster distributor under assignment for the benefit of creditors.
• Counsel to bankruptcy trustee in sales and auctions of diverse business assets, including equipment, inventory, intellectual property, liquor licenses, and leases.
• Prosecuted multiple lawsuits to unwind complex international fraudulent transfer scheme and claw back substantial assets for the benefit of creditors.
• Obtained favorable and efficient outcomes for multiple clients in defense of preference claw-back lawsuits.

Complex Litigation

• Successfully mediated global resolution on behalf of general contractor in complex 10-party hotel construction dispute.
• Represented sparkling wine company in reaching global mediated resolution of litigation in state court and Trademark Trial & Appeal Board.
• Achieved highly favorable outcome for medical device company and executive in defense of trade secret and employee raiding claims.
• Successfully prosecuted and defended emergency injunctive relief petitions in numerous contexts, including trade secrets, restrictive covenants, and asset freezes.
• Counsel to debtor’s law firm in successful defense and dismissal of $50 million legal malpractice and fraud claims.
• Represented multiple victims in investment fraud cases and obtained seven-figure settlements with broker-dealers.
• Obtained arbitration award and judgment against client’s former counsel for breach of fiduciary duty and willful violations of Chapter 93A.
• Represented publicly held bank in complex misrepresentation case against accounting firm.
• Counsel in partnership dispute resulting in ouster of hostile partner and consolidation of ownership.
• Defended multiple attorneys in disciplinary proceedings before Board of Bar Overseers.

Memberships and Boards

• Boston Bar Association, Co-Chair of Bankruptcy Section
• United States Bankruptcy Court for the District of Massachusetts, Local Rules Advisory Committee
• American Bankruptcy Institute, Member
• Turnaround Management Association, Member
• Wondermore Inc., Finance Committee

Publications, Presentations & Recognitions

• Co-author, “Must the Office of the United States Trustee Issue Refunds of Fees Collected Under the UST Fee Schedule the Supreme Court Determined Was Unconstitutional in Its 2022-2023 Term?” American Bar Association Supreme Court Preview, January 8, 2024
• Awarded, Best Lawyers, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2024
• Awarded, Best of ABI 2022: The Year in Business Bankruptcy, American Bankruptcy Institute, May 2023
• Speaker, “Serving on an Official Committee of Unsecured Creditors,” National Association of Credit Management, May 23, 2023
• Co-presenter, “Receiverships, ABCs and Other Restructuring Alternatives,” National Association of Credit Management Webinar, April 12, 2023
• Co-author, “Chapter 11 Bankruptcies Are Up 70% Annually,” National Association of Credit Management, February 16, 2023
• Co-author, “After the Green Rush: Bankruptcy Alternatives for Restructuring Cannabis Businesses,” Cannabis Business Executive, February 15, 2023
• Co-author, “2nd Circ. Ruling Offers Ch. 11 Guidance In A Post-Siegel World,” Law360, December 16, 2022
• Co-author, “Global Debt Crisis Fuels Instability in Emerging Markets,” ABI Journal, December 2022
• Panelist, “Mediation as a Practical Tool,” Credit Research Foundation Forum, November 8, 2022
• Panelist, “Subchapter V: Unlocking Value in ‘Small Business’ Bankruptcies,” Commercial Collection Agencies of America Annual Conference, October 20, 2022
• Panelist, “Subchapter V: Strategies for Unsecured Creditors to Maximize Value and Key Developments,” The National Association of Credit Management Annual Credit Congress, June 7, 2022
• Co-Chair, Financial Advisors’ Toolbox Program, Association of Insolvency & Restructuring Advisors’ 38th Annual Bankruptcy & Restructuring Conference, June 2022
• Panelist, “The Creditor’s Roadmap Through Subchapter V: Finding Value in ‘Small Business’ Bankruptcies,” Credit Research Foundation Forum, March 15, 2022
• Co-author, “Small Business Reorganization Act in Practice:  Issues and Strategies for Creditors in Small Business Bankruptcies”, Credit Research Foundation’s publication, Perspective by CRF, Q4 2021
• Panelist, “Recent Developments in Bankruptcy”, GLSA webinar, November 4th, 2021
• Co-Chair, Financial Advisors’ Toolbox Program, Association of Insolvency & Restructuring Advisors’ 37th Annual Bankruptcy & Restructuring Conference, June 2021
• Panelist, “Cannabis Business Insolvency”, Association of Insolvency & Restructuring Advisors, June 9, 2021
• Author, “New Year Brings Revisions to the Bankruptcy Code, Fodder for Bankruptcy Court”, American Bankruptcy Institute Newsletter, March 2021
• Panelist, “Subchapter V: Getting the Most Out of Small Business Reorganizations,” Credit Research Foundation, March 15, 2021
• Panelist, “Receivership 101,” Credit Research Foundation, December 11, 2020
• Panelist, “Paycheck Protection Program: Access to PPP Loans for Chapter 11 Debtors”, American Bankruptcy Institute, August 26, 2020
• Author, “COVID-19 Stimulus Legislation Aims to Make Chapter 11 Easier for Many More Small Businesses,” Daily Journal, April 2020
• Panelist, “Unfair Trade: Post-Petition Trade Claims and Why You Might Be Involuntarily Financing the Next Large Bankruptcy Case,” Credit Research Foundation, March 2020
• Author, “Untangling Compliance Issues in Credit Reporting, Debt Collection, and Bankruptcy,” Review of Banking and Financial Services, December 2019
• Panelist, “Intersection of the Bankruptcy Code and Consumer Protection Laws,” American Bankruptcy Institute Winter Leadership Conference, December 2019
• Quoted in, “Creditor can’t require reaffirmation of car lease”, Massachusetts Lawyers Weekly, September 24, 2019
• Panelist, “Bankruptcy and Consumer Protection Statutes: Practice Pointers,” American Bankruptcy Institute Northeast Conference, July 2019
• Author, “Chapter 11 Postconfirmation Issues and Appeals,” Massachusetts Continuing Legal Education, 2018
• Panelist, “Demystifying Sanctions and Discipline in the Bankruptcy Court,” Boston Bar Association Bench Meets Bar Conference, May 2017
• Panelist, “Bankruptcy and Tax Considerations for the Budding Marijuana Business,” Boston Bar Association, January 2017
• Author, “First Circuit May ‘Actually’ Be Best Choice of Bankruptcy Venue for Intellectual Property Licensees”, Massachusetts Lawyers Journal, July 2015
• Author, “First Circuit Expands Actual Fraud Exception to Bankruptcy Discharge, Deepens Circuit Split”, Massachusetts Bar Association Complex Commercial Litigation Quarterly, Summer 2015
• Author, “Can State Law Remedies Revive Statutes Stricken by ERISA’s Preemption Provision?”, 38 ACTEC L.J. 245, 2014
• Author, “Multinational Corporate Jurisdiction and the Agency Test: Should the United States Be a Forum for the World’s Disputes?”, 47 New Eng. L. Rev. 361, 2013

Life Beyond the Law

Justin is an avid supporter of childhood literacy and animal welfare organizations.