Anne Marie P. Kelley
Anne Marie P. Kelley primarily focuses her practice in the representation of trade creditors in all aspects of complex Chapter 11 bankruptcy cases on a national level and financial institutions in the negotiation and litigation of delinquent commercial loans in New Jersey state, federal, and bankruptcy courts. She frequently conducts in-house seminars for The Dow Chemical Company and various Dilworth clients that are structured to help trade creditors analyze, evaluate, and manage bankruptcy risks in their day-to-day relationships with customers.
Anne Marie has represented a host of other parties implicated by bankruptcy filings including debtors, secured and unsecured creditors, indenture trustees and utilities. She has extensive experience relating to a majority of the issues that are critical to creditors and debtors in the bankruptcy process including:
- the extent, validity, allowance/disallowance, enforcement, and subordination of secured, unsecured, and administrative claims;
- the allowance and payment of section 503(b)(9) claims;
- the scope of and relief from the automatic stay;
- the valuation of and adequate protection for the use of cash and other types of collateral;
- the section 363 sale of a debtor’s assets;
- the assumption or rejection of executory contracts;
- the confirmation of a chapter 11 plan of reorganization or liquidation;
- the appointment of a trustee or examiner; and
- the defense of preferential, fraudulent transfer, and other Chapter 5 avoidance actions.
Ms. Kelley heads Dilworth’s representation of its trade-creditor clients in connection with all aspects of bankruptcy and other insolvency proceedings across the U.S. and Canada. She represents trade creditors in their dealings with financially troubled customers during the pre-bankruptcy stage to minimize their potential exposure, including drafting favorable contract terms, assisting in changing or revoking credit terms, pursuing state law rights under the Uniform Commercial Code, and analyzing the terms of letters of credit, credit default swaps, security agreements, and guarantees. She also works with them to develop a plan to maximize recovery on their unsecured claims in bankruptcy cases through the exercise of reclamation, section 503(b)(9), setoff and recoupment rights, the negotiation of critical vendor agreements, the modification and assumption of executory contracts, and active participation in the plan confirmation process to ensure that the proposed process does not adversely impair their rights. Further, Ms. Kelley proactively analyzes, addresses, and defends alleged preferential and/or fraudulent transfer avoidance actions with an eye to a prompt, cost-effective resolution.
Some of Ms. Kelley’s more notable representations include the representation of The Dow Chemical Company and other Dilworth clients in the Chapter 11 cases filed, including General Motors, Chrysler, Lyondell Chemical, Foamex International, Pliant Corporation, AbitibiBowater, Chemtura, Propex, American Fiber and Yarns, Smurfit-Stone, Spansion, Meridian, Cooper-Standard, Visteon, Lear Corporation, and Collins and Aikman.
Professional & Community Activities
- Member, American Bankruptcy Institute
- Member, Eastern District of Pennsylvania Bankruptcy Conference
- Member, Camden County and New Jersey Bar Associations
- Member, Philadelphia and Pennsylvania Bar Associations
- Selected to appear in the 2009, 2010, 2011 and 2012 editions of Chambers USA - America's Leading Lawyers for Business, as a Leader in her field.
- J.D., with high honors, Rutgers School of Law - Camden, Phi Theta Kappa, 1981
- B.S., with highest honors, Rutgers University, 1978
- A.S., magna cum laude, Pierce Junior College, 1971
- New Jersey, 1981
- Pennsylvania, 1981
- United States District Court Eastern District of Pennsylvania, 1981
- United States District Court District of New Jersey, 1981
- United States Court of Appeals Third Circuit, 1984
- United States Supreme Court, 1985
- United States District Court Eastern District of Michigan, 2008