Charles R. Powell III

I focus on commercial matters 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 am the chair of Devine Millimet’s Insolvency and Restructuring team and I have also served as the chair of the Federal Practice Institute Bankruptcy Section. An active healthcare practice keeps me busy advising long-term care facilities with admissions agreements, intake procedures, and other matters. Although much of my time is spent counseling clients to improve their business practices to avoid the need for collection actions, I have more than twenty-nine 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 insolvency cases. 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. 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 groundbreaking 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 was also a primary 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 I grow, among other things, blueberries and blackberries. I have participated on numerous nonprofit boards and I am presently a director of the Muster Field Farm Museum, a historic farm located in Sutton, New Hampshire and dedicated to the agricultural heritage of this state.