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    Bankruptcy in the Cannabis Space
    2023-10-24

    Though controversial, cannabis[1] has steadily grown into a booming industry. Despite this rapid growth and the legalization of cannabis in numerous states[2], cannabis is still classified as a Schedule I drug under the Controlled Substances Act (CSA).

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Litigation, Troutman Pepper, Medical cannabis, Cannabis, Supply chain, Anti-money laundering
    Authors:
    Jean E. Smith-Gonnell , Gary Marsh , Michael A. Lafleur , Tori Lynn Remington
    Location:
    USA
    Firm:
    Troutman Pepper
    Colorado Supreme Court Confirms Bankruptcy Discharge Does Not Trigger Statute of Limitations to Recover Debt
    2023-04-28

    Colorado just became the latest state to recognize that a borrower’s bankruptcy discharge does not accelerate secured installment debt or trigger the final statute of limitations period to recover the debt.

    Filed under:
    USA, Colorado, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Colorado Supreme Court
    Authors:
    Erin Edwards , Justin Balser
    Location:
    USA
    Firm:
    Troutman Pepper
    A discussion of Colorado plugging and abandonment rules
    2021-03-02

    Volatile commodity prices in 2020 led to the bankruptcy of many oil and gas producers. While some analysts expect oil and gas prices to rise during 2021, the US Energy Information Administration’s 2021 annual outlook advises that a return to 2019 levels of US energy consumption will take years.[2]

    Filed under:
    USA, Colorado, Energy & Natural Resources, Insolvency & Restructuring, DLA Piper
    Authors:
    Glenn A. Reitman , Rachel Ehrlich Albanese , Jeffrey Bourdon
    Location:
    USA
    Firm:
    DLA Piper
    District court applies OCC’s valid-when-made final rule but raises nonbank true lender question
    2020-08-18

    On August 12, the U.S. District Court for the District of Colorado reversed in part a bankruptcy court judgment, concluding that the OCC’s valid-when-made rule applied but that discovery was needed to determine whether a nonbank entity was the true lender.

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Digital Millennium Copyright Act 1998 (UK)
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Way to Grow gets 'no go' from bankruptcy court
    2019-01-30

    Virtually all bankruptcy courts faced with the question of whether growers or dispensers of cannabis and cannabis products can take advantage of the protections afforded by the federal bankruptcy laws have said, no, they cannot.

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Reed Smith LLP, Controlled Substances Act 1971 (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    State Marijuana Laws vs. Bankruptcy: The Tension Grows
    2019-01-04

    In prior posts, we examined whether state-licensed marijuana businesses, and those doing business with marijuana businesses, can seek relief under the Bankruptcy Code. As we noted, the Office of the United States Trustee (the “UST”) has taken the position that a marijuana business cannot seek bankruptcy relief because the business itself violates the Controlled Substances Act 21, U.S.C.

    Filed under:
    USA, Colorado, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Controlled substance, Secured creditor, Cannabis industry, Controlled Substances Act 1971 (USA), Ninth Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Colorado Court of Appeals holds attorney fees award is a non-dischargeable civil penalty
    2018-05-25

    On May 17, the Colorado Court of Appeals held that an attorney fees award imposed under the Colorado Consumer Protection Act (CCPA) is a civil penalty and is not dischargeable under the Bankruptcy Code.

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Colorado Court of Appeals
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    10th Circuit says FDCPA does not cover non-judicial foreclosures
    2018-01-25

    On January 19, the U.S. Court of Appeals for the 10th Circuit affirmed a lower court decision that the Fair Debt Collection Practices Act (FDCPA) does not cover non-judicial foreclosures in Colorado.

    Filed under:
    USA, Colorado, Company & Commercial, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Foreclosure, Fair Debt Collection Practices Act 1977 (USA), Tenth Circuit
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Homecourt Advantage: Pitfalls, Challenges and Opportunities regarding nonparty witness subpoena motion practice in Federal District and Bankruptcy Court
    2017-05-04

    Practitioners Beware: When a client located in the state in which you practice law is served with a subpoena from a federal court located in another state, only the relevant federal court in your state (whether district or bankruptcy court) can adjudicate a motion to quash or otherwise modify the subpoena. A recent decision from a Colorado bankruptcy court, In re SBN Fog Cap II, LLC, 562 B.R. 771 (Bankr. D. Colo.

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Litigation, Berger Singerman LLP, Subpoena, United States bankruptcy court
    Authors:
    Paul A. Avron
    Location:
    USA
    Firm:
    Berger Singerman LLP
    Court Approves Key Employee Incentive Plan, Finding it is Not a Disguised Retention Plan
    2016-06-30

    Key Employee Retention Plans (KERPs) and Key Employee Incentive Plans (KEIPs) often are the subject of intense interest, either because a distressed company’s management is focused on developing such programs to retain valuable talent during a time of great uncertainty within its organization or because certain creditor constituencies or parties in interest take issue with the payments a debtor intends to make under the programs.

    Filed under:
    USA, Colorado, Employment & Labor, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Secured creditor
    Authors:
    Jessica Liou
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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