Kelly M. Hagan, an attorney and trustee in bankruptcy, is
a graduate of the University of Oregon School of Law (J.D., 1995) and
University of Michigan (B.A., 1991), and is licensed to practice law in
Michigan and Oregon. In 2004, she was appointed to the
panel of Chapter 7 trustees in the Western District of Michigan; in
addition, she has served as a Chapter 11 trustee and liquidating trustee
in Michigan. Prior to her appointment to the Chapter 7 panel, she focused on representing Chapter 7 trustees and state court receivers.
Ms. Hagan's experience as
an attorney for fiduciaries and as a fiduciary in complicated cases has
made her uniquely qualified to serve as a trustee or personal
representative for private individuals, including those situations which
represent a challenge for most institutional trustees.
Ms. Hagan has been active in various professional and service organizations, and regularly attends and presents at seminars and conferences. She holds a Certificate of Completion from the Institute of Continuing Legal Education in the areas of probate and estate planning (2017). She served as a committee member and then director for the National Association of Bankruptcy Trustees (2004-2017), and as an officer for several years (President 2013-2014, President Elect 2012-2013, Vice-President 2011-2012, and Secretary 2010-2011), as well as the editor for its quarterly journal (2008-2011). She also served as a director for the American Board of Certification (2016-2018) and was the founding board president of Mt. Holiday, Inc. (2001-2004), the sixth 501(c)(3) nonprofit ski area in the United States, leading the board in raising $1 million in one year and acquiring the 46 acre
facility.
Ms. Hagan has served on the Bankruptcy Court's Local Rules Committee (2016-2018 and 2010-2011), she co-chaired the ADR Program Committee with the Hon. James W. Boyd (2014-2016), and served on the Merit Selection Panel for the Western District of Michigan (2013), which assists the Sixth Circuit Judicial Council with recommending candidates to two bankruptcy judgeships in the District. She has published articles in the ABI Journal, Journal of the National Association of Bankruptcy Trustees, and Michigan Real Property Review, and presented at seminars throughout the country.
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Notable Cases
Various trust and estate matters and conservatorships in which issues were highly disputed and litigated
In re Khan Aviation, Inc., et al.; W.D. Michigan Bankr. Case No. 19-04261 Served as Chapter 11 trustee in six related cases; liquidated aircraft, collectible cars, real estate, and investments, having a collective value of approximately $35M.
Rauch v. Rauch, Grand Traverse Co. Circuit Court Family Division (File No. 2015-12137-DM)Served as court-appointed receiver for business in post-judgment divorce proceeding; responsible for conducting an accounting of all assets owned and sold by the business over a three year period, including those which may have been concealed or undisclosed. Served as court-appointed receiver for business in post-judgment divorce proceeding; responsible for conducting an accounting of all assets owned and sold by the wife's business over a three-year period, including those which may have been concealed or disclosed.
In re Bear Creek Partners II, L.L.C., W.D. Michigan Bankr. Case no. 16-02553
Operated a retail property (with a mixture of national and regional tenants) and a 240-unit apartment complex in Petoskey Michigan for five months prior to a $28.5M sale. Resolved creditor and equity holders’ objections to obtain court approval of a Chapter 11 plan which paid nearly 100% of claims.
In re SI Grand Traverse, LLC, W.D. Michigan Bankr. Case no. 11-04316
Chapter 11 trustee of 80 room hotel; operated hotel for one year and negotiated sale of assets.
In re CJC Catering, LLC, W.D. Michigan Bankr. Case no. 08-04034
Chapter 11 trustee of food, beverage and entertainment operations aboard 1900-passenger riverboat on Detroit River; negotiated sale of assets, continuation of business, and waiver of administrative claims asserted by buyer, thereby reducing administrative insolvency created by debtor in possession by approximately 50%; obtained court approval of sale on 24 hours' notice, just 48 hours after ceasing operations.
In re Lewis, 398 F.3d 735 (6th Cir. 2005)
As attorney for Chapter 7 trustee, briefed and argued case before bankruptcy and district courts and Sixth Circuit Court of Appeals; successfully argued that creditor's mortgage was avoidable pursuant to 11 U.S.C. § 547, notwithstanding creditor's claim of equitable subrogation and lack of subject matter jurisdiction owing to the fact the creditor was the subject of an FDIC receivership.
In re Kroskie, 315 F.3rd 644 (6th Cir. 2003)
Briefed and argued case before bankruptcy and district courts and Sixth Circuit Court of Appeals on behalf of Chapter 7 trustee; prevailed on argument that creditor's lien on affixed manufactured home was avoidable by Trustee due to creditor's failure to comply with the Michigan Mobile Home Commission Act, where creditor had argued that its lien was perfected pursuant to Michigan real property law, by virtue of a recorded mortgage.
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