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    Bankruptcy Courts Remain Inaccessible To Cannabis Cos.
    2020-01-08

    Courts struggled last year to find a balance between state-licensed cannabis activity and the federal right to seek bankruptcy protection under the Bankruptcy Code. During 2019, we had the first circuit-level opinion in the bankruptcy/cannabis space that appeared to open the door to bankruptcy courts, albeit slightly. We also had lower court opinions slamming that door shut.

    Below, we look at a few of the most important decisions issued throughout 2019 and analyze the current state of the law.

    The Ninth Circuit's Garvin Decision

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Title 11 of the US Code, Controlled Substances Act 1971 (USA), Ninth Circuit, U.S. Court of Appeals
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Continuing Risks for Businesses Connected to the Marijuana Industry
    2019-05-13

    The legalization of marijuana and the Bankruptcy Code continue to proceed on a crash course. A majority of states have legalized marijuana for medical use, and a growing number have legalized recreational use as well. As a result, the industry is rapidly expanding – national sales in legal markets have increased 34 percent in 2018 to $10.8 billion.

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Product Regulation & Liability, Fredrikson & Byron PA, Debtor, Cannabis, Title 11 of the US Code, Controlled Substances Act 1971 (USA)
    Authors:
    James C. Brand
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Ninth Circuit Gives A Partial Green Light to Cannabis Company Bankruptcies
    2019-05-02

    Earlier today, the Ninth Circuit Court of Appeals issued its long-awaited ruling in the Garvin v. Cook Investments, NW, SPNYW case This opinion is certain to be of great interest to both companies operating in the cannabis space and those attorneys representing them.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Controlled Substances Act 1971 (USA), Ninth Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Are the Bankruptcy Courts Available for the Cannabis Industry?
    2019-03-08

    Since 2012, ten states and the District of Columbia have legalized marijuana for adult recreational use.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Ward and Smith, PA, Cannabis industry, Leahy-Smith America Invents Act 2011 (USA), Controlled Substances Act 1971 (USA), United States bankruptcy court
    Authors:
    Lance P. Martin
    Location:
    USA
    Firm:
    Ward and Smith, PA
    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
    Green Hands Aren’t Unclean Hands: 9th Circuit BAP Retreats from Mandatory Dismissal in Marijuana Cases
    2018-03-21

    A 92-year-old landlord who leased a storefront to a marijuana dispensary will receive a new hearing after a court dismissed her bankruptcy caseon the grounds that acceptance of rent payments from the dispensary disqualified her from bankruptcy relief.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Burns & Levinson LLP, Cannabis, Controlled Substances Act 1971 (USA), Ninth Circuit
    Authors:
    Marcus Hernandez
    Location:
    USA
    Firm:
    Burns & Levinson LLP
    Marijuana Businesses Barred from the Bankruptcy Courts: But How Far Will the Bar Extend?
    2017-12-14

    As more and more states pass laws allowing the sale of marijuana, whether for medicinal or recreational purposes, investors will try to claim their share of what is certainly going to be a lucrative market. However, even in a growing market, private enterprises fail or need restructuring. This raises the question of whether distressed marijuana businesses, and those doing business with marijuana businesses, can seek relief under the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Controlled Substances Act 1971 (USA)
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Bankruptcy courts remain closed for marijuana businesses
    2015-04-24

    As Seen in Law 360

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dinsmore & Shohl LLP, Bankruptcy, Medical cannabis, Cannabis, Controlled Substances Act 1971 (USA)
    Authors:
    John M. Spires
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    Medical marijuana: what happens in bankruptcy (not much)
    2014-11-04

    In re Arenas, 514 B.R. 887 (Bankr. D. Colo. 2014) –

    The U.S. trustee sought to dismiss “for cause” a chapter 7 case filed by a marijuana grower and his wife. The debtors countered by moving to convert to a chapter 13 case. The case turned on the impact of the federal Controlled Substances Act.

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Federal preemption, Bankruptcy, Debtor, Medical cannabis, Controlled Substances Act 1971 (USA)
    Location:
    USA
    Firm:
    Troutman Pepper

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