UKS Attorney Olivia Benson Speaks at Bankruptcy Conference

On November 14, 2023, associate attorney Olivia Benson spoke at the 22nd Annual Western Massachusetts Bankruptcy Conference hosted by the Hampden County Bar Association and Western New England University School of Law. Attorney Benson presented a review of recent bankruptcy caselaw from the United States Supreme Court, First Circuit Court of Appeals, and United States Bankruptcy Court for the District of Massachusetts.

Recent case law from the Massachusetts Bankruptcy Court suggests that individuals who work in the cannabis industry may be prevented from accessing the protections of federal bankruptcy law. While many states have legalized recreational marijuana, it remains a Schedule I controlled substance under federal law. The court in In re Blumsack, 647 B.R. 584 (Bankr. D. Mass 2023) found the debtor’s bankruptcy petition to have been filed in bad faith due to his ongoing violations of federal criminal law and dismissed the bankruptcy. The case is now on appeal. Please contact Attorney Benson with any questions regarding this issue.

Olivia Benson is an Associate in UKS’ Hartford office, practicing in the areas of bankruptcy, creditors’ rights, and commercial litigation. She can be reached at obenson@uks.com or (860) 548-2679.