For at least the past decade, federal bankruptcy courts have routinely prohibited cannabis businesses from seeking protection under federal bankruptcy law, regardless of whether a cannabis business is legally operating under state law.
USA, Company & Commercial, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Bankruptcy, Medical cannabis, Cannabis, Supply chain, Controlled Substances Act (USA)
USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, US Congress, Fourth Circuit
In a unanimous opinion released last week, the Supreme Court provided guidance as to how to determine the finality of an order in a bankruptcy case for purposes of an appeal under 28 U.S.C. § 158(a). The Court held that the adjudication of a creditor’s motion for relief from stay is properly considered a discrete and independent proceeding within a bankruptcy case and is immediately appealable.