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Joseph A. Foster
Director
Joe is the Chair of our Bankruptcy Practice Group. He represents lenders ranging from small private lenders to nationally recognized banks and finance companies in out of court restructurings and chapter 11 reorganizations. He works with business and individuals in all aspects of bankruptcy matters from prosecuting and defending litigation arising in bankruptcy court to counseling buyer of assets from businesses in bankruptcy. He also represents Creditors' Committee in Chapter 11 reorganization cases. Joe also assists financially troubled businesses and individuals in loan restructurings and workouts.
Department
Corporate
Areas of Practice
- Business Bankruptcy and Loan Workouts
- Bankruptcy Litigation
- Creditor Representation in and out of Bankruptcy Court
- Representation of Creditor Committees
- Representation of Buyers of Businesses and Assets from Bankruptcy Estates
Representative Clients & Work
Representative Clients
- Citizens Bank New Hampshire
- Bank of America
- Kohl's Department Stores
- Wells River Savings Bank
- Business Loan Express
Representative Work
- Represented a national retailer in connection with the bankruptcy of its general contractor and was able to resolve several mechanic lien actions through the bankruptcy process resulting in the timely completion of ongoing projects without significant delay or loss.
- Defended and successfully obtained an order dismissing involuntary bankruptcy petition with a finding of bad faith.
- Represented operator of nursing homes to acquire facility through a chapter 11 plan.
- Represented majority equity holders of health club in connection with Chapter 11 filing and plan of reorganization resulting in retention of ownership.
Admissions
New Hampshire, 1984
Professional & Association Memberships
- New Hampshire Bar Association
- American Bankruptcy Institute
- Advisory Committee, United States Bankruptcy Court for the District of New Hampshire 2000-2002
Recognition
- Woodward's Best Lawyers In America, Bankruptcy and Creditor-Debtor Rights Law
- Recognized in Chambers USA
Community Involvement
New Hampshire State Senate (2002-present); Senate Majority Leader (2007- present); Chair Senate Judiciary Committee, (2004-present); Member, Court Accreditation Commission and Judicial Council; Member, New Hampshire House (1995-1998) Member, Board of Directors, Greater Nashua Chamber Of Commerce.
Career
- J.D., George Washington University, 1984
- B.A., Tufts University, 1981
Recent Publications and Lectures
- Section 105(a) of the Bankruptcy Code: Does it provide Authority to Override, Modify, or Temper Provisions of the Bankruptcy Abuse, Prevention and Consumer Protection Act of 2005 - 13th Annual Northeast Bankruptcy Conference
- Effective Mortgage Foreclosure Techniques, National Business Institute, Jan. 2005
- Recent Developments in Bankruptcy Practice & Law, New Hampshire Bar Association, CLE (1999)
- Practical Skills Course-Bankruptcy, N.H. Bar Association, 1999 & 2000
- Bankruptcy Proofing Transactions, 5th Annual Northeast Bankruptcy Conference, American Bankruptcy Institute. July 1998
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