Patric J. Kelly

SHAREHOLDER & SENIOR ATTORNEY

408-341-0234
pjkelly@ahklaw.com
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Patric J. Kelly has been an attorney in the San Jose, Santa Clara Valley, and Silicon Valley areas focusing on the fields of litigation, bankruptcy and real estate since 1976. A summa cum laude graduate of Santa Clara University School of Law, he is a senior attorney in and shareholder of the law firm of Adleson, Hess & Kelly, P.C., since 1978.

Mr. Kelly has earned an AV® Preeminent™ 5.0 out of 5.0 Peer Review Rating, the highest available rating for legal ability and ethics, as recognized by Martindale-Hubbell, Inc. ("AV Preeminent®" is a registered certification mark of Reed Elsevier Properties, Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.)  He has received the honor of being chosen as a Northern California SuperLawyer®, a distinction awarded to only the top 5% of lawyers in Northern California by peer review.

Since 1982, Mr. Kelly has spoken at numerous real estate and bankruptcy industry and professional seminars, focusing on the subjects of bankruptcy, foreclosure law, real estate financing and related legislation. Since 1984, his practice has included drafting and reviewing California legislation relating to lending and foreclosure which has become law. The legislative activity was undertaken on behalf of the United Trustees Association (formerly, California Trustees Association) and the California Mortgage Association. He has been utilized as an expert in the field of bankruptcy and real estate and is often asked to provide expertise to counsel and their clients.

He is the author of numerous articles relating to the fields of real estate, bankruptcy, real estate financing and foreclosure. He is co-author of a book used in training real estate brokers for the California real estate brokerage exam. 

In 2010, he co-defended a sixteen cause of action complaint against a lender after having the case removed to federal court and was awarded $70,000 in attorneys' fees for the work of the firm in the case (Bonner v Redwood Mortgage Corp et al.). In 2008, he saved his client tens of thousands of dollars by defeating a bank's claim to default interest. (In re Zamani, (2008) 390 B.R. 680). He successfully litigated a highly unique "resulting trust" international case involving a multi-million dollar property in bankruptcy court entitled In re Cecconi (2007) 366 B.R. 83, which was upheld at the district court level in the summer of 2009, and at the 9th Circuit Court of Appeal in February of 2011. He successfully defended a $3.5M "surplus proceeds" case (2009) and handled several related extremely factually complex foreclosure cases involving a $22 million dollar hotel, upheld on appeal in December, 2010. He has successfully prosecuted or defended numerous trial and appellate cases. He co-authored the successful amicus brief filed on behalf of the California Trustee's Association in the landmark California Supreme Court case of I.E. Associates v. Safeco (1985) 39 Cal.3d 281 (cited over 175 times) and authored the successful amicus brief in the United States Supreme Court case of BFP v. Resolution Trust Corporation, 511 U.S. 531 (1994) (cited over 800 times). Among other key and landmark appellate cases for which Mr. Kelly has been engaged and won include Ung v. Koehler (2005) 135 Cal. App.4th 186; Melendrez v. D & I Investments, Inc. (2005) 127 C.A.4th 1238; Nguyen v. Calhoun (2003) (cited over 270 times); Prudential Home Mortgage v. Superior Court (1998) 66 Cal.App.4th 1236); Abdallah v. United Savings Bank (1996) 43 Cal.App.4th 1101 (cited over 499 times); Apte v. Japra (In re Apte) 96 F.3d 1319 (9th Cir. 1996) (cited over 107 times); Lindsay v. Beneficial Reinsurance Company 59 F.3d 942 (1995) (amicus brief author); City of Cupertino v. Perry; (1988) (unpub); Katz v Peelle Financial (1987) (unpub).

A licensed real estate and mortgage broker since 1980, Mr. Kelly has been an instructor in real estate at San Jose State University located in San Jose, California, and De Anza Community College located in Cupertino, California. Mr. Kelly's practice focuses on representation of real property secured creditors in bankruptcy proceedings, real property secured creditors in civil court litigation, including receiverships and judicial foreclosures, and parties involved in real estate financing and sales and in business transactions. He has been retained as an expert in real estate and bankruptcy cases.

Happily married since 1970 with three grown children and three grandchildren, he has coached and played softball since 1988 and enjoys the occasional round of golf.  He has served in numerous community service positions.

AREAS OF PRACTICE

Bankruptcy Law
Real Estate Law
Business Law
Litigation
Appellate Practice

BAR ADMISSIONS

California State Bar
U.S. Supreme Court
U.S. Court of Appeals, Ninth Circuit
U.S. District Court, Northern District of California
U.S. District Court, Central District of California
U.S. District Court, Southern District of California
U.S. District Court, Eastern District of California
U.S. District Court, Arizona

EDUCATION

J.D., Summa Cum Laude, Santa Clara University School of Law
B.S., Summa Cum Laude,California State University, Hayward

AWARDS & RECOGNITION

Rated AV Preeminent® 5.0 out of 5 by Martindale-Hubbell, representing the highest rating for both legal ability and ethics. ("AV Preeminent®" is a registered certification mark of Reed Elsevier Properties, Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.)

Northern California's Super Lawyers®, 2004 - 2006, 2011 – 2016, an award given to only the top 5% of attorneys in Northern California.

Avvo™ Superb rating (10.0 out of 10.0)

Top Attorneys in Northern California, San Francisco Magazine, 2013 - 2015

PROFESSIONAL ASSOCIATIONS

Member, California State Bar
Member, Santa Clara County Bar Association
Member, West Valley Bar Association
Member, American Bankruptcy Institute
Member, Don Edwards Inns of Court
Member, United Trustees Association
Member, California Mortgage Association


1 AV® Preeminent ™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the Bar and the Judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories - legal ability and general ethical standards.