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SERVICE AREAS

EDUCATION

  • New England School of Law, JD, 2013, magna cum laude
  • University of Massachusetts at Amherst, BA, 2003, cum laude

Justin A. Kesselman

Associate
617.973.6102fax 617.722.4993 V-card Download PDF

Justin is an Associate in the firm’s Litigation Department and Bankruptcy Group.  Justin’s practice is focused on finding practical, efficient, and creative solutions to business problems.  He has represented clients in resolving disputes over commercial loan agreements and other contracts, security interests, real estate, taxation, fraudulent transfers, preferences, fiduciary duties, and unfair and deceptive trade practices.  A significant portion of his time is devoted to the representation of debtors, creditors, and estate fiduciaries both in bankruptcy court and out-of-court insolvency situations.  Justin has experience investigating causes of insolvency, selling distressed assets, negotiating with creditors, administering assignments for the benefit of creditors, and assisting other affected parties in navigating the bankruptcy process. 

Prior to joining the firm, Justin served as a law clerk to the Honorable Robert J. Cordy of the Massachusetts Supreme Judicial Court.  During law school, he interned for the Honorable Frank J. Bailey of the United States Bankruptcy Court for the District of Massachusetts, served as executive articles editor of the New England Law Review, and took honors in the National Tax Moot Court Competition.  Prior to attending law school, Justin managed a large regional restaurant and brewery for several years. 

Representative Experience

  • Counsel to assignee of international lobster distributor under assignment for the benefit of creditors.
  • Chapter 7 counsel to real estate developer with complex international asset and debt portfolio.
  • Counsel to Chapter 7 trustee in sale of inventory, intellectual property, and other assets of monthly fishing tackle subscription business.
  • Obtained declaratory judgment  in bankruptcy court recognizing lender’s security interest in chattel paper valued at $4M.
  • Forced dismissal of bankruptcy case on behalf of creditor.
  • Successfully defended fraud and legal malpractice actions against debtor’s law firm.
  • Employed novel theory to defeat motion for asset freeze injunction.
  • Obtained preliminary injunction barring competition and use of trade secrets by former executive and his new company.
  • Represented taxpayers in preparation of tax protests and private letter ruling requests.

Memberships

  • American Bankruptcy Institute
  • Boston Bar Association, Co-chair of New Bankruptcy Lawyers Committee and Member of Bankruptcy Section Steering Committee
  • Law Clerks’ Society of the Supreme Judicial Court of Massachusetts, Governing Board Member

Newsworthy

  • Author, “First Circuit Expands Actual Fraud Exception to Bankruptcy Discharge, Deepens Circuit Split”, Massachusetts Bar Association Complex Commercial Litigation Quarterly (Summer 2015)
  • Co-author, “First Circuit May ‘Actually’ Be Best Choice of Bankruptcy Venue for Intellectual Property Licensees”, Massachusetts Lawyers Journal (July 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)

Justin was named a member of the Boston Bar Association’s 14th Public Interest Leadership Program Class, 2017-2018. He was named a Massachusetts Super Lawyers Rising Star in 2016 and 2017.

Outside Posternak

Justin participates in educational programs aimed at developing students’ legal and financial awareness and skill sets, including the M. Ellen Carpenter Financial Literacy Program, Law Day in the Schools, Discovering Justice: Stand Up For Your Rights, and the American Bar Association National Appellate Advocacy Competition.

News & Media

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