As a creditors’ rights attorney, I focus on commercial collections for corporations and other business entities and, at times, for individuals. My work often finds me in bankruptcy courts throughout New England as well as other states. I have served as the chair of the Federal Practice Institute Bankruptcy Section since March 2014. An active healthcare practice keeps me busy advising long-term care facilities with admissions agreements, intake procedures, and collections. Although much of my time is spent counseling clients to improve their business practices to avoid the need for collection actions altogether, I have more than twenty years of experience in state and federal courts, enforcing the right to payment where other efforts have failed.
 
Clients of all types come to us for help in collection actions. I have served as co-counsel for Official Committees of Unsecured Creditors and for major creditor entities in several of the largest Chapter 11 bankruptcy cases ever filed in New Hampshire, and as lead counsel in a recent complex trial that was the longest trial in the New Hampshire Bankruptcy Court’s history. In my healthcare practice, my clients include nursing homes, assisted living facilities, and hospitals, for which I often serve as a de facto general counsel. My work with long-term care facilities often involves administrative proceedings. In addition, I have been involved in two ground-breaking legislative initiatives for healthcare facilities. I drafted RSA 151-E:19 which creates causes of action for negligent failure of a fiduciary to apply for Medicaid or for failure to pay the patient liability amount. That statute also creates a cause of action against recipients of transfers resulting in an "asset transfer disqualification" under Medicaid. I also was a co-drafter of RSA 151-I:1-2, which provides nursing facilities and hospitals with the authority to request the expedited appointment of a "special Medicaid representative" to complete and to prosecute a Medicaid application to successful conclusion.
 
I own a farm, Thistle Grange, where we raise various livestock and grow, among other things, blueberries, elderberries, and blackberries. Serving as a director on the board of the 4-H Foundation of New Hampshire allows me to help the youth of this state reach their full potential. My family and I spend as much time as possible outside on the farm, where I enjoy riding my horse, Dorle, and exploring the surrounding mountains. I also am an avid fan of the ballet.    

Representative Matters

  • Counsel to hospitals, nursing homes and assisted living facilities in legislative matters, collection actions, drafting of admission applications and agreements, and discharge and other administrative matters.
  • New Hampshire counsel to international construction contractor in multi-million dollar litigation.
  • Counsel to care facilities on legislative matters.
  • Counsel to United States and Canadian based companies in commercial litigation before state and federal courts of, among others, New Hampshire, Massachusetts, New York, New Jersey and Illinois, including adversary proceedings before Federal Bankruptcy Courts.
  • Counsel to regional financial institutions in creditor's rights matters.
  • Representation of primary secured lenders and official committee of unsecured creditors in Chapter 11 bankruptcy proceedings.

Publications

  • "The Pending Sale of Parkview Adventist Medical Center," Devine Millimet Healthcare E-Alert, August 4, 2015.
  • "The Doctrine of Necessaries - A Secondary Means to Collect Costs of Care," Devine Millimet Healthcare E-Alert, March 27, 2015.
  • "SB 138 - Aid for Overburdened Long-Term Care Facilities," Devine Millimet Healthcare E-Alert, February 14, 2014.
  • "Pitfalls of Proofs of Claim in Bankruptcy," Business NH Magazine, August 2012.
  • "What Does a Nursing Home or Assisted Living Facility Do When Cooperative Efforts Fail and a Collections Lawsuit is the Only Remaining Option," Devine Millimet Healthcare E-Alert, May 15, 2012.
  • "A Look at Scenarios and Possible Defenses Related to a Bankruptcy Debtor's Transfers," New Hampshire Business Review, April 20, 2012.
  • "Can Nursing Homes and Assisted Living Facilities Get Paid and Not (Necessarily) be Perceived as the Bad Guy?," Devine Millimet Healthcare Newsletter, December 20, 2011.
  • "You Mean I Really Might (Not) Have to Pay it Back? (Defending and Even Avoiding Preference Actions)," NHS CPA Connection, October/November 2005.

Speaking Engagements

  • “Ground-Breaking Healthcare Laws For Hospitals and Nursing Homes—A Primer on SB 127 (RSA 151-I:1-2) and SB 138 (RSA 152-E:19),” New Hampshire Hospital Association Special Seminar for Hospitals and Nursing Homes, November 29, 2016.
  • “The Interplay Between the Fair Debt Collection Practices Act & the Bankruptcy Code,” New Hampshire Bar Association’s Federal Practice Section, October 6, 2016. 
  • SB127 (RSA 151-I:2) What It Does and How You Use It,” New Hampshire Health Care Association Conference, September 14, 2016.
  • "Resident Intake and Admission Agreements:  A View from the Collections Perspective" presented to the New Hampshire Health Care Association, September 9, 2014.
  • "Long-Term Care and Collections Laws: New and Tried and True Solutions," presented to the New Hampshire Health Care Association, November 8, 2013.
  • "The Impact of Bankruptcy on Civil Litigation - Pitfalls and Possibilities,"  New Hampshire Bar Association's Federal Practice Section, May 14, 2013.

Community Involvement

  • 4-H Foundation of New Hampshire, Director, October 2013 to present.
  • Franco American Centre, President Emeritus, June 2004 to June 2005; President, June 2002-June 2004; Board of Trustees, 1996-2005; Board of Incorporators, 1996-2005


Get in touch

        Speaking Engagements

        • "Application of the Absolute Priority Rule to Individual Debtors in Chapter 11 Cases,"  7th Federal Practice Institute, October 4, 2012.
        • "Admissions to Collections-An Ounce of Preparation", NH Association of Counties Annual Conference, October 2011.
        • "Developing Bankruptcy Litigation Issues: Litigating Discharge, Collateral Estoppel in Discharge/Dischargeability Proceedings, and Asserting 503(b)(9) Administrative Claims", Federal Practice Institute, November 2010.
        • "Business Hazards and Possible Solutions", Bankruptcy and Creditors' Rights Practice Group Panel Discussion, November 2008.
        • "Collections from Start to Finish", National Business Institute, September 2008.
        • "2005 Revisions to the Bankruptcy Code Affecting Landlord-Tenant Law", Sterling Seminars, September 2007.
        • "The 2005 Bankruptcy Reform Legislation - An Overview", NH Bankers Association, December 2005.
        • "Foreclosure and Repossession In New Hampshire", Lorman Education Services, January 2005.
        • "Creditors' Rights and Protection of Security Interests in Bankruptcy", Sterling Seminars, January 2003.
        • "Bankruptcy Update 2002", New Hampshire Bar, October 2002.
        • "Basic Bankruptcy", Sterling Seminars, May 2002.

        Services & Industries

        Bankruptcy & Creditors' Rights

        Dispute Resolution & Litigation

        Long-Term Care Facilities

        Healthcare | Devine Health

        Bar Admissions

        Massachusetts

        New Hampshire

        New Jersey

        New York

        Education

        Tulane University Law School, JD, cum laude, 1994

        Rutgers University, BA, 1984

        Awards & Affiliations

        Selected to the 2016 New England Super Lawyers list, Bankruptcy and Healthcare

        AV® "Preeminent" rating by Martindale-Hubbell


        New Hampshire Bar Association

        American Bankruptcy Institute