Business

With the legalization of marijuana in many states, there are now large numbers of individuals and businesses that derive their income from growing and selling marijuana and from other business activities related to marijuana. This session addresses the issues that emerge when individuals and businesses in this industry encounter financial problems. What are the sources of governing law (state/federal)? Is bankruptcy an option? How are marijuana-related income and assets treated? What are a bankruptcy trustee’s rights and responsibilities in dealing with a marijuana-related business? What ethical issues arise for attorneys representing individuals and entities in this industry? How does the U.S. Trustee’s Office address these issues in light of the conflict between federal law and some states’ laws? What is the direction of the developing body of bankruptcy case law regarding this industry?

The panel will discuss recent cases and longstanding Supreme Court jurisprudence on recurring themes, including law vs. equity, approaches to statutory interpretation, the role of courts and limits to jurisdiction, and bankruptcy policy related to reorganization, discharge and the fresh start.

The panel will discuss recent cases and longstanding Supreme Court jurisprudence on recurring themes, including law vs. equity, approaches to statutory interpretation, the role of courts and limits to jurisdiction, and bankruptcy policy related to reorganization, discharge and the fresh start.

Are you interested in hearing a succinct primer on bankruptcy law and some of the basic structures of this discipline? If so, this panel of bankruptcy professionals will deliver what you need and will whet your appetite to become a full-fledged bankruptcy practitioner. Overview - Bankruptcy in pictures: Types of Debt, Bankruptcy Terminology, Relief from Stay, Trustees, Discharge of Debts. 101: The Parties, The Code Organization, Goals, The Estate, Automatic Stay, Discharge. How A Case is Administered: Commencement, Protecting Your Judgment form discharge, 2004 Examination, Litigating in Bankruptcy Court: Matters at issue, Procedural Considerations, Authorities, and Adversary Proceedings. Hon. Jeffery P. Hopkins Chief United States Bankruptcy Judge, Southern District of OH, Cincinnati David Mawhinney Associate, K & L Gates, Boston Prof. Laura Napoli Coordes Associate Professor, AZ State University School of Law, Phoenix, AZ

The panel will discuss proposed and newly enacted legislation and how it will affect bankruptcy practice. The panel will review the Haven Act and other veteran legislation, the small business reorganization bill, the chapter 12 debt limit bill, various student loan bills and other legislation.

This panel will address some hotly contested issues in the context of a bankruptcy case, including fraud and fiduciary duty litigation. Judge Santoro will also share his views on when parties should seek guidance from the court to resolve certain disputes, including when counsel should request in-chamber conferences. Finally, the panelists will also provide some “best practice” tips for when you find yourself embroiled in contentious litigation.

The panelists will provide a § 546(e) safe harbors update, including how state law preemption will be applied post-Merit; jurisdictional issues in Relativity; the debt-recharacterization circuit split and Supreme Court withdrawal of cert in PEM v. Levin; the application of avoidance powers extraterritorially (Ampal-American, Emerald, Madoff), fraudulent-transfer circuit splits and other related matters (Physiotherapy, Tribune, Madoff, Merritt Management, Petters, SemCrude, Fragin); and the current state of the equitable mootness doctrine, including recent criticisms, especially from the Third Circuit (e.g., In re Philadelphia Newspapers, In re SemCrude L.P., In re One2One Communications LLC), and their applications (e.g., In re City of Detroit).

The panelists will provide a § 546(e) safe harbors update, including how state law preemption will be applied post-Merit; jurisdictional issues in Relativity; the debt-recharacterization circuit split and Supreme Court withdrawal of cert in PEM v. Levin; the application of avoidance powers extraterritorially (Ampal-American, Emerald, Madoff), fraudulent-transfer circuit splits and other related matters (Physiotherapy, Tribune, Madoff, Merritt Management, Petters, SemCrude, Fragin); and the current state of the equitable mootness doctrine, including recent criticisms, especially from the Third Circuit (e.g., In re Philadelphia Newspapers, In re SemCrude L.P., In re One2One Communications LLC), and their applications (e.g., In re City of Detroit).