Pot and Bankruptcy Law, Not a Great MixAn article posted at JDSUPRA, titled "Even Indirect Income from Cannabis Can Get You Banned From Bankruptcy" notes that "despite widespread trends in state-level legalization and decriminalization of high-THC cannabis and growing acceptance of cannabis among Americans, cannabis and cannabis products remain illegal under federal law".  Accordingly, the article states that  bankruptcy courts have consistently dismissed cases when a debtor directly engages in violations of the Federal Controlled Substances Act ("CSA") or where the debtor's reorganization efforts depend on proceeds derived from CSA violations. The article can be found at https://lnkd.in/eKqHw-GaJim Shenwick, Esq. 212 541 6224 jshenwick@gmail.com#cannabis#bankruptcy

Chapter 13 bankruptcy can discharge any non support obligations associated with a divorce. That’s worth repeating: any marital settlement agreement or court judgment that calls for payment or indemnity by one spouse to the other in the future is potentially vulnerable to a subsequent bankruptcy filing by the obligor-spouse. While obligations deemed to be “support” […] The post How To Bankruptcy-Proof A Divorce Settlement appeared first on Bankruptcy Mastery.

If you plan on filing for either Chapter 7 or Chapter 13 bankruptcy in Pennsylvania, you need to be prepared for the challenges you may face. So, before you file, it’s wise to learn why bankruptcies are most often denied in Pennsylvania. If your Chapter 7 bankruptcy was denied in Pennsylvania, it was probably because […] The post Reasons that Bankruptcies Are Denied in Pennsylvania appeared first on .

For some people on Social Security, Doing Nothing About Debt Problems Works Fine I tell a couple people a month there’s no reason to file bankruptcy. Most often older people who have no income except for social security. For them, there’s often no reason to file bankruptcy. Here’s why. People File Bankruptcy for Three Reasons […] The post Solving Your Debt Problems By Doing Nothing. by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

 https://www.cutimes.com/2022/04/26/n-y-credit-union-sues-ncua-over-taxi-medallion-loan-participation-dispute/?slreturn=20220404101101

In Bankruptcy, Can I Protect the Equity in My House? Bankruptcy is set up by the Federal government, but each state sets its own rules on how much equity you can protect if you file Chapter 7 bankruptcy.  That protection is called your homestead exemption.  In April 2022, Colorado raised their homestead exemption from $75,000 […] The post Colorado Bankruptcy Homestead Just Increased to $250,000 by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

April 2022 saw courts dish out two big penalties for Bankruptcy Fraud. In April 2022, over in the UK, former tennis great Boris Becker was sentenced to two-and-a-half years in prison for bankruptcy fraud: hiding $3 million in assets during his case. Becker had landed bankruptcy in the UK back in 2017, because of a […] The post Penalties for Bankruptcy Fraud by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

As we return to in-person conferences, networking events, and other gatherings, we may need to dust off our networking and small talk skills.  This article explores “8 F’s” to use to start a conversation or keep a conversation going as you re-engage. AHLA - The 8 F's (reprint) Reprinted with permission from the https://www.americanhealthlaw.org/. The post The 8 F’s of Re-Engagement and Networking Small Talk appeared first on Sylvia Mayer Law.

Equity security holders[2] or investors [3] (“Equity Holders”) in debtor entities are usually subordinated to creditors’ claims in bankruptcy cases.[4] This need not always be the case. Two conditions exist where Equity Holders’ claims may be equal or superior to general unsecured creditors’ claims. The first are claims based on “fraudulent retention” (“Fraudulent Retention Claims”). The second are claims based on debtors’ post-petition interfering with Equity Holder’s rights to sell their investment, to benefit the debtors’ reorganization effort (“Freeze Claims”). The post A LEG UP FOR EQUITY? Part I – Fraudulent Retention Claims^[1] appeared first on Wayne Greenwald, P.C..

Receptivity is being open to listening and accepting new information, ideas, or suggestions.  In the context of mediation, receptivity is often the key to resolution (i.e., settlement).  Receptivity is also the core focus of Robert Cialdini’s Pre-Suasion: A Revolutionary Way to Influence and Persuade. Cialdini coined the word “pre-suasion” to encapsulate the process of laying the groundwork for receptivity.  Relying on real-life situations and scientific studies, Pre-Suasion explores a myriad of ways to enhance receptivity before making any meaningful “asks.”  Word choice, focus, and connection are among the tools available to build receptivity. Below I explore some examples drawn from Pre-Suasion and how they apply to mediation and conflict resolution. Words Matter. How you say something has an impact on the listener’s receptivity.  For example, a healthcare organization may ask speakers to make these changes in their wording: Standard Language          changed to             Replacement Language Bullet points                                                     Information points Business targets                                               Business goals Attack a problem                                             Approach a problem Beat competition                                             Outpace competition Why?  Because a healthcare organization is focused on healing.  Bullets, targets, attacks, and beatings are the antithesis of healing.  Words matter. The words we say can open up opportunities for agreement.  Language is one of the primary means of engaging receptivity.  In mediation or negotiation, choose your words carefully to engender openness and connection, while avoiding words that may trigger a fight or flight reaction. Focus Matters. What is focal is presumed causal, meaning that what has our attention (focus) shapes (causes) our views on the subject matter.  For example, a study compared the impact of changing the illustrations on a website landing page of a company selling furniture.  If the landing page had fluffy clouds, then it drew in customers interested in the comfort of the furniture, whereas if the landing page had pennies, then it drew in customers interested in saving money. In a different study, analyzing interrogations and confessions in criminal investigations, it was determined that the camera angle (focus) altered the viewer’s bias (causation) between suspect and interrogator.  If the camera focused on the suspect, then viewers were more likely to perceive guilt.  Whereas, if the camera focused on the interrogator, then viewers were more likely to perceive innocence.  The only thing that changed the impact was recording the interrogation from the side where both suspect and interrogator were equally visible. How does this play out in a mediation or negotiation?  Focusing on areas of agreement or positive deal points softens the impact of the areas of disagreement or negative deal points.  This, in turn, enhances receptivity to exploring options for resolution of the disputed areas. Connection Matters. Connection is a critical component of reaching receptivity.  Connection comes in many forms – a familial connection, a cultural connection, an emotional connection, etc.  Here are two examples drawn from the Holocaust that illustrate the power of connection. In 1940, a career diplomat, Chiune Sugihara, worked in the Japanese consulate in Lithuania.  As doors closed to Jews all around the world, a group asked Sugihara for visas so they could emigrate to Japan.  Sugihara sought permission from Tokyo but was denied. He asked again.  Twice.  Each time denied.  Nonetheless, defying his government, Sugihara issued thousands of visas before being recalled to Tokyo.  In doing so, he saved thousands of lives and effectively ended his career in diplomacy. Why did he do this?  Connection.  Growing up, his father was a Japanese official stationed in Korea.  While in Korea, his parents opened an inn where they welcomed guests of all backgrounds.  They taught Sugihara that everyone should be welcomed because we are all members of the human family.  Years later, when asked why he risked his career to issue these visas, he explained that the Jewish applicants were members of the human family and needed his help.  This sense of connection saved lives. Fast forward to 1942.  The Nazis were pressuring their Japanese allies to adopt the “final solution” for the Jews in Japan.  Josef Meisinger, known as the “Butcher of Warsaw,” was sent to Japan to convince the Japanese government.  The Japanese officials tasked with deciding sought input from both sides – the Nazis and the Jewish refugees.  The Jewish community sent two rabbis – one a scholar and the other known for his humanity.  The Japanese officials asked the rabbis why the Nazis hate them so much.  The scholar struggled to offer a response, but the other rabbi answered simply, “Because we are Asian, like you.”  His quick thinking and intuitive ability to build a connection saved 26,000 lives. While very few mediations involve saving thousands of lives, the power of connection remains just as true.  Finding or building a connection can be a powerful pathway to achieving receptivity. Wording, focus, and connection are three tools available to build receptivity.  Pre-Suasion is replete with other suggestions to lay the groundwork for receptivity. Author’s Note: As a mediator, I am a “forever student” always seeking new ways to help people find a path to resolution in mediation.  Robert Cialdini’s “Pre-Suasion: A Revolutionary Way to Influence and Persuade” inspired this post.  In reading his book, I was struck by the relevance to my mediation work.  In the book, he explores a myriad of ways to enhance receptivity and focuses on laying the groundwork for receptivity before making any meaningful “asks.”  If you aren’t a reader, but still interested in what he has to say, then you may enjoy this podcast in which he was interviewed about his book:  Barry Ritholtz, Masters in Business (June 18, 2021), https://podcasts.apple.com/us/podcast/robert-cialdini-on-the-psychology-of-influence-podcast/id730188152?i=1000526009805. Receptivity and Resolution   The post Mediator Insights: Receptivity and Resolution appeared first on Sylvia Mayer Law.