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CONTACT CASE MANAGER

Hon. Joan N. Feeney (Ret.)

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    Biography
    General Biography
    Practice Areas & Industries
    Accounting Finance
    Appellate
    Bankruptcy
    Business Commercial
    Employment Law
    Estate Probate Trusts
    Professional Liability
    Real Property
    Honors, Memberships, and Professional Activities
    Background and Education

    Hon. Joan N. Feeney (Ret.) joined JAMS in 2019 following almost 27 years on the bench of the United States Bankruptcy Court for the District of Massachusetts and 23 years as a member of the United States Bankruptcy Appellate Panel for the First Circuit. As a judge, Judge Feeney presided over a full range of cases, including complex commercial cases with multiple parties and interests. While on the bench, she wrote over 500 opinions in many different areas of the law. Judge Feeney now serves as a mediator, arbitrator, and neutral evaluator in all types of two-party and multi-party disputes, concentrating in bankruptcy, business, and employment law. She has developed a robust national practice  as a neutral at JAMS.

    Judge Feeney earned a reputation from the start of her career for being a supremely capable lawyer who always treated everyone with the utmost respect and civility. She has an incomparable ability to distill even the most complex case down to its essence, while still minding the details. 

    Impartial, compassionate, candid, fair-minded, tireless and a brilliant jurist are words that counsel have used to describe Judge Feeney. Her people skills are unparalleled, and she is able to offer compelling solutions to individuals with differing personalities. As a mediator, Judge Feeney has developed a reputation as meticulously well-prepared, open-minded, and empathetic. Given her experience as an author, appellate judge, and trial judge, Judge Feeney enjoys delving into complex matters, both factual and legal, and writes detailed arbitration awards with thorough reasoning. Her professional background also lends itself well to handling neutral analysis matters, such as moot courts and mock trial exercises, including both state and federal appellate matters. 

    ADR Experience and Qualifications

    • Mediated and settled cases in a wide variety of matters, including bankruptcy, business/commercial, professional fee disputes, fraudulent transfer actions, closely held business disputes and business divorces, professional liability and real property matters
    • Handled hundreds of bench trials requiring oral and written decisions, and handled over 100 bankruptcy appeals as a bankruptcy appellate panel judge in all aspects of bankruptcy law and procedure
    • Experience as liquidation and reorganization bankruptcy trustee
    • Available to resolve disputes remotely through a number of videoconferencing options

    Representative Matters

    • Accounting Finance
        • As a Judge, has presided over matters involving:
          • Mortgage and borrower relationships
          • Defective mortgages
          • Mortgage reformation
    • Bankruptcy
        • Has mediated numerous bankruptcy related disputes including those involving:
          • Fraud and compliance issues brought by a chapter 7 trustee
          • Allegations of statutory theft, conversion, fraudulent conveyance, and unjust enrichment in violation of the Connecticut Unfair Trade Practices Act
          • Alleged violations of the Fair Debt Collection Practices Act (FDCPA) in connection with post discharge mortgage statements
          • Issues involving violation of the automatic stay
          • Pre-litigation matter involving Chapter 5 claims to recover payment of legal fees
          • Payment claw back
        • As a Judge, has presided over matters involving:
          • Bankruptcy jurisdiction, standing, and eligibility
          • Compensation of professionals
          • Contested confirmation of plans of reorganization, including feasibility and liquidation analysis
          • Valuation of security, businesses, and commercial and residential real estate
          • Automatic stay scope, exceptions, and relief from stay
          • Single-asset real estate cases
          • Denial of discharge; exceptions to discharge for fraud, willful and malicious injury and other grounds
          • Estate’s avoiding powers
          • Fraudulent transfers and defenses
          • Preferential transfers and defenses
          • Equitable subordination
          • Recharacterization of debt to equity
          • Substantive consolidation
          • Involuntary petitions
          • Nonprofit and church bankruptcies
          • Assumption and assignment of leases and executory contracts, including intellectual property licenses
    • Business Commercial
        • Served as a neutral evaluator assisting a large entity develop a mediation program to handle mass tort claims
        • Served as a neutral evaluator for a government entity analyzing the claims they had related to fines
        • Has mediated and arbitrated breach of contract disputes between businesses
        • Has arbitrated consumer disputes between individuals and banks, credit card companies, solar panel companies, and title companies
        • Has mediated a fraud dispute in which plaintiffs sought to recover millions  
        • Has mediated and arbitrated matters involving allegedly unfair and deceptive trade practices  
        • Served as a neutral evaluator in a partnership dissolution, assisting the parties to select an appraiser to value the business 
        • As a Judge, has presided over matters involving:
          • Alter ego and veil piercing of corporate and trust entities
          • Contract interpretation
          • Fraudulent transfers
          • Fraud and injury to property
          • Breach of fiduciary duties and defalcation
          • Directors’ and officers’ liability and related insurance coverage disputes
          • Uniform commercial code article 9 perfection of security interests
          • Receiverships and negligence of receivers
          • Unfair acts and deceptive practices
          • Subordination agreements
          • Successor liability
          • Debt collection; fair debt collection practices act
          • Construction contract disputes
    • Employment Law
        • Has arbitrated several age discrimination matters
        • Has arbitrated several wage and hour claims
        • Has arbitrated breach of employment contract claims
        • Has arbitrated a matter involving a whistleblower and claims of retaliation and wrongful termination
        • Has mediated a broker/dealer employment dispute 
    • Estate Probate Trusts
        • Mediated a probate matter involving bankruptcy issues and alleged breach of fiduciary duty by the holder of the decedent’s Power of Attorney 
        • Mediated at dissolution dispute over property
        • As a Judge, has presided over matters involving:
          • Property division
          • Alimony and support
    • Professional Liability
        • Mediated a matter involving legal malpractice in an underlying bankruptcy matter
        • Mediated a medical malpractice matter involving complex issues regarding loans and liens  
        • As a Judge, has presided over matters involving:
          • Attorneys’ fees disputes
          • Legal ethics
          • Attorney malpractice
    • Real Property
        • Mediated a foreclosure matter  
        • As a Judge, has presided over matters involving:
          • Title disputes
          • Lease and purchase and sale agreement interpretation
          • Priority of lien disputes
          • Evictions
          • Improper foreclosures
          • Predatory lending
          • Real estate and personal property tax liens
          • Rights of first refusal
          • Homestead exemptions

    Honors, Memberships, and Professional Activities

    Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

    Memberships and Affiliations

    • American College of Bankruptcy
      • Member, Diversity, Equity, and Inclusion Committee, 2022-2024
      • Chair, Internal Subcommittee, 2022-2024
      • Vice President and Member, Board of Directors, 2016–2020
    • President, National Conference of Bankruptcy Judges, 2011–2012 (member since 1992 and various committee positions)
    • Founding Co-Chair, M. Ellen Carpenter Financial Literacy Program, Boston Bar Association, 2004–2024
    • Member, Bankruptcy Section, Boston Bar Association, 1978–2024
      • Member and former Chair of Strategic Thought Leadership Committee, 2020-2024
    • Member, International Judicial Relations Committee, Judicial Conference of the United States, 2006–2012
    • Member, Administrative Office Budget and Finance Advisory Council, 2005–2006
    • Member, Administrative Office Bankruptcy Judges Advisory Group, 2003–2007
    • Judicial Chair, Northeast Conference, American Bankruptcy Institute, 2002–2005
    • Member, Board of Directors, American Bankruptcy Institute, 2005–2010

    Honors

    • Recipient of the Gideon’s Trumpet Award, Volunteer Lawyers Project of the Boston Bar Association, 2020
    • Recipient of the Suffolk University Law School, The Marian Archer Trailblazer Award, 2019
    • Recipient of the American Inns of Court Bankruptcy Alliance Distinguished Service Award, 2019
    • Recipient of the Excellence in Education Award, National Conference of Bankruptcy Judges, 2018
    • Charles P. Normandin Lifetime Achievement Award, Boston Bar Association, 2018
    • Haskell Cohn Award for Distinguished Judicial Service, Boston Bar Association, 2005
    • Alumni Achievement Award, Suffolk University Law School, 1993
    • Fellow, American College of Bankruptcy, 2005

    Publications

    • Co-Author, Bankruptcy Law Manual, Thomson Reuters West, Fifth Edition, 2020
    • Co-Author, The Road Out of Debt, John J. Wiley & Sons, 2010
    • Author, Chapter 11: Theory and Practice; Co-Author, Chapter 9: Property of the Estate;  A Guide to Reorganization 1994
    • Associate Editor, 2014–2016; Business Manager, 2016–2018; The American Bankruptcy Law Journal

    Background and Education

    • United States Bankruptcy Judge, District of Massachusetts, 1992–2019
      • Chief Judge, 2002–2006
    • United States Bankruptcy Appellate Panel for the First Circuit, 1996–2019
      • Chief Judge, 2015–2019
    • Associate and Partner; Hanify & King, P.C., Boston, 1986–1992
    • Law Clerk, Hon. James N. Gabriel, U.S. Bankruptcy Court, D. Mass., 1982–1986
    • Associate, Feeney & Freeley, Boston, 1979–1982
    • J.D., Suffolk University Law School, 1978
    • B.A., with Distinction in the major fields of French and government, Connecticut College, 1975 
    Counsel Comments
    • “Judge Feeney just successfully completed a mediation in which I was the Liquidating Trustee under a Chapter 11 Plan. She was fully engaged, thoughtful, tough when she needed to be, and her many years as a Bankruptcy Judge served the parties well in reaching a multi-million dollar settlement amongst numerous parties. I would use her again and recommend her.”
      - Partner, Bankruptcy Law
    • “Judge Feeney is an excellent mediator and did a great job. She was one of the most prepared mediators I have worked with, had read everything, knew all the issues, and was very effective at moving the parties toward a deal. She was also willing to stay late for us to wrap up a term sheet.”
      - Leading Kansas City Attorney
    • "I remember Joan from when I was a newly minted lawyer in Boston and she was at Hanify & King.  The practice of law was different then.  Corporate cases were filed in the districts where they had their executive offices.  We had many high tech and (what we would now call) bio tech cases in Boston, among other industries.  My firm often represented the debtors.  You would see all of the same commercial lawyers in the large cases, and Joan was a regular player.  The fact that we regularly interacted with and indeed relied on each other lead to a collegial practice that I remember fondly.  Joan was one of the lawyers who exemplified what an insolvency lawyer should be.  This will come as no surprise to any of you, who have known her in many official ways, including during her tenure as president of the NCBJ.  But Joan was then, as she is now, a supremely capable lawyer AND able to treat everyone with utmost respect and civility.”
      - Bankruptcy Judge
    • “As a bankruptcy judge for over 25 years, Judge Feeney had an incomparable ability to distill even the most complex case down to its bones, while still keeping in mind the details, to get to the real issues that control a dispute.  Because of that, she will surely excel as a neutral, bringing parties together toward a resolution.”
      - Leading Attorney Massachusetts
    • “I have practiced before Judge Feeney, representing debtors, for her entire career on the bench. She has proved to be an impartial, compassionate, candid, equitable, fair-minded, tireless, and brilliant jurist. I always believed, that so long as I was prepared and had a logical argument, my client would be treated with civility and respect. Her efforts to educate the bankruptcy bar both locally and nationally cannot be over stated. But most of all, her fair-mindedness in helping honest and unfortunate debtors achieve their statutory goal of a fresh start will leave an indelible imprint on me. With her experience, character and expertise, she will undoubtedly not only succeed but excel in her next position as a mediator.”
      - Boston Attorney
    • “From her service on the bench, Judge Feeney has developed a deep and thorough understanding not only of bankruptcy but all aspects of commercial law that will enable her to assist parties in the resolution of complex civil cases.  Her insightfulness, patience, and empathy will facilitate outcomes that are fair and balanced.  She is a tremendous addition to JAMS’ roster of neutrals.” 
      - Leading Boston Bankruptcy and Commercial Attorney
    • “Judge Joan Feeney was a titan of the Bankruptcy Bench during her tenure as a judge.  As a bankruptcy judge, she presided over a full range of cases, including complex cases with multiple parties and conflicting interests.  The same qualities that made her such a successful judge – keen intellect, thoroughness of knowledge, both factual and legal, practicality and a willingness to be a creative problem solver – will serve her well as a mediator for all kinds of disputes.  If there is a way to settle a case, Judge Feeney can get you there.” 
      - Leading Partner
    • “Judge Joan Feeney has the background and intellect to perceive and appreciate all facets of complex legal and financial problems.  Taking into account the parties’ essential interests, she will focus their concerns in a manner that promotes pragmatism over intransigence, compromise over conflict.”
      - Boston Counsel
    • “Judge Feeney is remarkable.  She is a nationally recognized business and consumer bankruptcy law expert who has walked the walk (she has served as a bankruptcy judge overseeing complex cases and difficult adversary proceedings) and talked the talk (she has written numerous scholarly and practical articles and contributed to numerous treatises).  Her “people skills” are unparalleled – as but one example, she did not become the President of the National Conference of Bankruptcy Judges without being able to understand (and respond with compelling solutions to) competing agendas held by individuals with differing personalities.  In short, Judge Feeney has the intellect, experience, and temperament – all of the tools – necessary to bring hostile adversaries together to settle the most difficult conflicts.  I recommend her as a mediator without any reservation or hesitation whatsoever, not only for all bankruptcy matters, but also for all non-bankruptcy conflicts involving insolvency issues.”
      - Prominent Massachusetts Attorney
    • “Joan Feeney is eminently fair and practical -- with a deep understanding of the business and legal issues involved in commercial transactions.  I recommend her, without hesitation, as a mediator or arbitrator.”
      - Leading Boston Attorney
    • “Judge Feeney’s thoughtful, diligent preparation of cases is unmatched.  As a federal Judge, her understanding of the intricacies of cases and ability to sagely evaluate the strengths and weaknesses of the respective sides, assisted in guiding many litigants towards a successful resolution of their disputes.  Parties who are seeking a smart, prepared, practical neutral would do well to consider Judge Feeney.”
      - Chapter 13 Trustee
    • “Judge Feeney presided over large, mid-sized and small bankruptcy and insolvency matters for more than 25 years.  Her depth of knowledge in commercial and creditors’ rights disputes is unparalleled.  Other bankruptcy judges routinely enlisted her to mediate disputes in simple and complex cases alike, and she was highly effective in that role.  Her experience, expertise and temperament make Judge Feeney an outstanding addition to the team at JAMS.”  
      - Prominent Boston Partner
    • “When a room full of lawyers has lost its cool, Joan keeps hers.  And when a lawyer passionately declares his undying love for his own argument, and has got a good head of steam going, she has a way – ever-so-politely – of neatly putting the counter-argument. The steam ebbs, and everyone gets to thinking, ‘now that we’ve ditched the heat, where is the light in this dispute?’ These will be effective skills in a mediator.”
      - Corporate Insolvency Lawyer
    • “Judge Feeney has been consistently methodical and brilliant.  She misses no nuance, and fully understands multi-layered issues, regardless of the degree of complexity. Her experience as a Judge on the bench, and simultaneously as a leader of major national and regional bar organizations and projects, demonstrates both legal and practical acumen.  When I next need a neutral, I will run to retain her.”
      - Leading Bankruptcy Attorney
    • “Judge Joan N. Feeney is an icon in her field and one of the hardest working judges I have ever had the pleasure to appear before.  She possesses the intellect, the determination and the demeanor necessary to facilitate the resolution of complex civil disputes. JAMS is fortunate to have her.”
      - Leading Partner
    • "The Bankruptcy Court's loss when Judge Feeney retired is a tremendous gain for JAMS and parties who seek resolution of disputes.  She is a "litigator's judge" - smart, well-prepared, well-read on the law and knowledgeable.  She brings to every proceeding an open mind, a willingness to listen to both sides and laser-sharp focus.  Her judicial demeanor, extensive experience in business litigation and ability to rule decisively and promptly made her effective not only as a trial judge but as an appellate judge on the Bankruptcy Appellate Panel.  She has a talent for helping parties fashion a solution that meets both their needs. Judge Feeney's intelligence, superb people skills and commitment to fairness were hallmarks of her judicial career.  They will serve her well at JAMS.”
      - Retired Judge
    • "Judge Joan Feeney has a special ability to cut to the heart of a matter, seriousness of purpose and gentle wit.  She has long shown a remarkable skill at first understanding and then seeking to resolve the true issues posed by a given case in a practical way.”
      - Leading Business and Bankruptcy Litigator
    • “Judge Feeney managed to resolve a matter that I felt had a 5% chance of succeeding at mediation based upon the prior behavior of the Plaintiffs. I think that the work done during the mediation to bring this matter to a global resolution was nothing short of incredible.”
    • "Judge Feeney was excellent.  Prepared, compassionate, well-tempered, and responsive, she understood the issues, concerns and parties to help us reach a resolution."
      - Partner at Connecticut Law Firm
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