Consumer Bankruptcy

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 discuss (a) interactions with clients who have mental health problems, lying clients and unreasonable clients; and (b) spousal conflicts, joint individual and business case conflicts, conflicts that arise when changing firms, and multiple-owner business case conflicts.

Resolved: Hiring an independent CRO displaces the need for the appointment of a chapter 11 trustee under § 1104(e) of the Bankruptcy Code. Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case. Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case.

This panel will address hot topics in the consumer bankruptcy world, including analysis of the UpRight decision and the ongoing evolution of fee arrangements.

Members of the commission will provide an update on recent public meetings, relevant topics and the commission reporting process.

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

This panel will discuss and analyze the New Model Chapter 13 Plan and other changes in the Bankruptcy Rules that became effective in December 2017, the process of implementation, and any issues that have arisen since the new Rules took effect.

This panel will discuss the chapter 7 trustee’s ability to avoid and surcharge the taxing authority’s secured lien for the benefit of the estate. The panelists will review in detail 11 U.S.C. § 724 and related Code sections, the proper procedural approach, preemption, and related § 363 sales and their implication on property that debtor’s counsel thought was safe or exempt.