Free Sessions (no CLE)

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?

This panel will analyze the instances over the last few years where creditors have brought challenges to estate professional fees, focusing on Pillowtex, retainers and other objections. How can professionals protect themselves when they are well into a case?

This panel will focus on obtaining successful chapter 11 results in certain jurisdictions while analyzing why you should or shouldn’t file in a particular jurisdiction. The panel will discuss advantages and disadvantages of filing in certain jurisdictions, including local rule advantages (i.e., Texas) and case law advantages or disadvantages.

This session will examine the UNCITRAL Model Law recognition and enforcement of foreign insolvency-related judgments, and will update attendees on the current drafts related to enterprise groups and medium, small and micro-insolvencies.

The push for more uniform systems allowing for the exchange of restructuring efforts between countries continues unabated. This panel will discuss the last year or two of developing trends in the U.S. as they reflect this growing international paradigm, and will also comment on recent cases and decisions of note covering the international restructuring experience.