Kelly D. Curtin

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Kelly is a member of the firm's commercial practice area and concentrates her practice in the areas of bankruptcy, financial restructuring, debtor-creditor relations and commercial litigation.  She represents debtors, committees of unsecured creditors, postconfirmation trusts, as well as individual creditors in bankruptcy and related proceedings both in and out of court.  

In a number of cases, she served as counsel to the official committees of unsecured creditors.  Most recently, in a specialty retail case, she assisted the committee in participating in the sale of the debtor's business, leases, and intellectual property to maximize creditor distributions, and successfully subordinated the claims of the debtor's owner to the payment of other unsecured creditors.

On the debtor side, she recently served as counsel to an approved day school for out of district placed youth with behavioral classifications that emerged from chapter 11 through successfully effectuating a sale and resolving creditors' claims, which strengthened the school's ability to serve its students from throughout the State of New Jersey.

Although resolving most litigation prior to trial, she has extensive experience in representing both plaintiffs and defendants in various bankruptcy-related litigation matters, including trials that have resulted in victories for her clients.  Most recently, after four days of trial, she secured a judgment of over $1,155,000 against a transferee of a pre-petition preference and unauthorized post-petition transfers.  

Outside the office, Kelly is active in a variety of bankruptcy-related organizations that complement her law practice.  She also volunteers her time at Mountain Lakes High School as a coach for the mock trial team and Homeless Solutions, Inc. shelter in Morris Plains, NJ.

Prior Relevant Experience
  • Porzio, Bromberg & Newman P.C., Summer Associate, Summer 2007 and 2008
  • U.S. Department of Justice, Civil Division, Commercial Litigation Branch, Intern, January 2008-May 2008
  • Middlesex County Prosecutor's Office, Vertical Prosecution, Intern, January 2005-June 2005
Honors and Awards
  • Recognized on the New Jersey Super Lawyers "Rising Stars" List, Bankruptcy: Business, 2015 - 2017
  • Winner, Morris County Bar Association, Young Lawyers Mock Trial Competition, 2011

Honors and Awards

Organizations/Memberships
  • American Bankruptcy Institute, Member
  • Bankruptcy Inn of Court, Barrister & Executive Committee Member
  • International Women's Insolvency & Restructuring Confederation, Member & Director of Membership
  • New Jersey Women Lawyers Association, Member
  • New York Institute of Credit, Member
  • Turnover Management Association, Member & NextGen Committee Member
Publications
  • "Bankruptcy Court Blocks Alleged Abuse Survivors From Pursuing $35 Million Archdiocese Transfers," Statement of Affairs, Porzio Bankruptcy Wire, Summer 2013.
  • "Chapter 9 Bankruptcies: Prompting Legislatures to Protect Municipal Bondholders," Global Reference Guide: Bankruptcy & Restructuring 2012, Financier Worldwide, 2012.
  • "Lenders Beware: Preservation of Credit Bid Rights Not Required Under Chapter 11 Plans," New Jersey Law Journal, June 14, 2010.
  • "Secured Creditor's Right to Credit Bid May Be at Risk," New Jersey Law Journal, January 18, 2010.
  • "Preference and Fraudulent Conveyance Litigation: a Primer and Some Recent Case Law Developments in the Second (New York) and Third (Delaware) Circuits Regarding Defences," Bankruptcy & Corporate Restructuring - Options for Troubled Enterprises, Chapter 4, Financier Worldwide E-Book, 2009.
Speaking Engagements
  • "Hot Topic Presentation of In re Molycorp, Inc., 562 B.R. 67, 71 (Bankr. D. Del. 2017)," Bankruptcy Inn of Court for New Jersey, Newark, NJ, January 9, 2017.
  • "New Local Rules of the United States Bankruptcy Court for the District of New Jersey," Essex County Bar Association/IWIRC-NJ, Newark, NJ, November 19, 2015.
  • "Bankruptcy Basics," Seton Hall University Stillman School of Business, South Orange, NJ, December 8, 2014.
  • "Cramdown Interest Rate Under Chapter 11: In re Texas Grand Prairie Hotel Realty, L.L.C., 710 F.3d 324 (5th Cir. 2013)," Bankruptcy Inn of Court for New Jersey, Newark, NJ, March 4, 2013.
  • "The Absolute Priority Rule in Individual Chapter 11 Cases: In Re Friedman, 466 B.R. 471 (9th Cir. BAP 2012)," Bankruptcy Inn of Court for New Jersey - Judges' Roundtable, New Brunswick, NJ, April 16, 2012.
  • "Whether BAPCPA Eliminated the So-Called 'Fourth Option' or 'Ridethrough Option' Under the Bankruptcy Code," Bankruptcy Inns of Court for Delaware and New Jersey, Philadelphia, PA, June 15, 2010.
  • "Plenary Review of a Bad Faith Filing: In re 15375 Memorial Corp., et al., 589 F.3d 605 (3d Cir. 2009)," Bankruptcy Inn of Court for New Jersey, Newark, NJ, April 5, 2010.

Practice

Industries

Related Media

Bar Admissions

  • New Jersey, 2009
  • New York, 2010
  • United States District Court, District of New Jersey, 2009
  • United States District Court, Southern District of New York, 2010 
  • United States District Court, Eastern District of New York, 2010
  • United States Court of Appeals for the Third Circuit, 2015

Education

The George Washington University Law School, Washington, D.C., J.D., 2009

  • Semi-finalist, Van Vleck Constitutional Law Moot Court Competition

Rutgers University - Rutgers College, New Brunswick, NJ, B.A., History, English and Political Science, 2006

  • Phi Beta Kappa
  • Cap and Skull Honor Society

Contact Address

100 Southgate Parkway

Morristown, NJ 07962-1997

Phone: 973.538.4006

Fax: 973.538.5146