New Hampshire State Approved Sessions

The most popular session each year, this annual favorite will cover all recent bankruptcy law decisions and current consumer bankruptcy law issues. This session is a must-attend for professionals to stay current on consumer bankruptcy law issues.

Chapter 13 trustees are unique. Unlike chapter 7 trustees, they do not take possession of a debtor’s assets. Yet the Bankruptcy Code imposes some responsibilities on them with respect to property of the estate. It also imposes responsibilities on them to assist a debtor. This session will focus on understanding the hybrid nature of the trustee’s role in chapter 13 cases, and how it impacts issues and strategies for debtors and creditors in chapter 13. Can a chapter 13 trustee sell property under § 363? Can a chapter 13 trustee recover preferences under § 547 or fraudulent conveyances under § 548? What are the trustee’s duties regarding the continuing prosecution of litigation brought by a debtor pre-bankruptcy to recover from a third party? What are the chapter 13 trustee’s duties regarding filing proofs of claim on behalf of creditors? What must a chapter 13 trustee do to assist a debtor?

Are there nonbankruptcy alternatives that might better suit your client to deal with their financial difficulties apart from bankruptcy? This session will discuss the possible alternatives and their pros and cons, such as the effectiveness of negotiating with creditors individually, offers in compromise in dealing with the IRS and other governmental units, trial loan modifications and permanent loan modifications on mortgages, tax ramifications if a creditor agrees to discharge the debtor from liability, information that must be disclosed when negotiating a compromise with creditors outside of a judicial proceeding, and how debtors’ attorneys get paid for providing nonbankruptcy alternatives for debtors dealing with their creditors.

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?

Join the growing conversation about the intersection of race and socioeconomic barriers in bankruptcy. What are the facts? What can be done about reducing bias? What is our professional responsibility as bankruptcy professionals to overcome these barriers?

Learn how to enhance your client and committee pitches, hone your panel presentations, and “wow” your court or your audience from this group of skilled advocates and public speakers. This workshop, suitable for attorneys of all levels, will provide you with tips, lessons and examples to help you improve your presentation skills.

This panel will present a lively discussion of key issues decided in business and consumer bankruptcy cases throughout the country over the past year.

This panel will focus on what the numbers mean, who cares about them and why they care — and why you should care, too.

This panel will discuss current litigation/case law on discharge injunction violations and remedies, including sanctions.