Kelly S. Burgan

Partner

Cleveland
T +1.216.861.7395
F +1.216.696.0740

Overview

Positioning herself as a counselor to her clients, Kelly Burgan is a corporate bankruptcy lawyer who takes a solution-oriented approach to advising distressed and healthy corporations and financial institutions on all aspects of bankruptcy law. She represents clients in commercial bankruptcy litigation, and has significant experience representing commercial landlords. Kelly focuses on her clients’ goals, and is direct in dealing with both her clients and opposing counsel in order to achieve a successful result.

Kelly is listed in The Best Lawyers in America© in the area of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law. Prior to practicing law, she was a scientist in the operations division of a major international biotechnology corporation.

Select Experience

  • Since 2010, has been heavily involved as counsel to Brian A. Bash, Chapter 7 trustee for Fair Finance Company, an Ohio investment company. The company was embroiled in a Ponzi scheme and after an FBI raid, ceased doing business with more than $200 million owing to investors. Supervises the administration of the case and recovery of assets. To date, more than 140 lawsuits have been filed after the complicated unwinding of the scheme.
  • Part of the BakerHostetler team representing Irving H. Picard, the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC and the consolidated estate of Bernard L. Madoff, in connection with Madoff's Ponzi scheme.
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Experience

  • Since 2010, has been heavily involved as counsel to Brian A. Bash, Chapter 7 trustee for Fair Finance Company, an Ohio investment company. The company was embroiled in a Ponzi scheme and after an FBI raid, ceased doing business with more than $200 million owing to investors. Supervises the administration of the case and recovery of assets. To date, more than 140 lawsuits have been filed after the complicated unwinding of the scheme.
  • Part of the BakerHostetler team representing Irving H. Picard, the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC and the consolidated estate of Bernard L. Madoff, in connection with Madoff's Ponzi scheme.
  • Member of the team that served as counsel for the Official Committee of Unsecured Creditors of Akron Thermal Limited Partnership, a public utility that operated a district energy system that generated and distributed steam throughout the city of Akron, Ohio. Advised and vigorously advocated for the interests of major creditor constituencies in connection with the reorganization effort.
  • Member of the team that served as counsel for the official administrative creditors' committee of LTV Steel Company, an integrated steel manufacturer.
  • Served as counsel for a debtor for Regional Diagnostics Inc., a magnetic resonance imaging company located in multiple states.
  • Served as counsel for a debtor of PHD Inc., a large retail distribution company.
  • Represented a defendant-director in an adversary proceeding involving director and officer liability claims on behalf of Refco Inc.
  • Served as counsel for a debtor for Universal Automotive Industries Inc., a publicly traded automotive parts distributor.
  • Served as counsel for a debtor for Sylvest Farms Inc., a mass producer and processor of poultry products.
  • Has represented commercial landlord interests in major bankruptcy cases, including those of Movie Gallery Inc. (Hollywood Video), The Bombay Company Inc., Avado Brands Inc. (Don Pablo restaurants), Claddagh Development Corporation, Four Points Corporation (Brendan Diamonds) and Sofa Express.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America© (2014 to 2018)
    • Cleveland: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Ohio Super Lawyers "Rising Star" (2007)

Memberships

  • International Women's Insolvency and Restructuring Confederation (IWIRC)
  • Turnaround Management Association: Board of Trustees
  • William J. O’Neill Bankruptcy Institute, 2013: Co-Chair
  • American Bar Association
  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association

Prior Positions

  • Amersham Life Sciences: Scientist (1994 to 2000)

Admissions

  • Ohio, 2001

Education

  • J.D., Cleveland-Marshall College of Law, 2001, summa cum laude
  • B.A., The Ohio State University, 1993