Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    #Hashtag: thinking of starting your own marijuana business?
    2014-10-10

    Have you ever wanted to start your own marijuana cultivation and distribution business? Do you see billboards on the highway advertising pot-growing seminars and think, “Maybe I should go?” Does the grass seem greener on the other side?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Cannabis, Controlled Substances Act 1971 (USA)
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    An identifiable risk to collateral property that is used in the marijuana business
    2013-06-05

    The legalization under state law of the marijuana business in Colorado through Amendment 20 (medical marijuana) and Amendment 64 (recreational marijuana) (Amendment 20 and Amendment 64 shall be referred to collectively as the "Colorado Amendments") raises serious issues for banks whose customers or borrowers are involved in the marijuana business in Colorado. The Colorado Amendments do not affect federal law that defines marijuana as a Class 1 controlled substance.

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Litigation, Real Estate, Sherman & Howard LLC, Debtor, Collateral (finance), Cannabis, Controlled substance, Secured creditor, Controlled Substances Act 1971 (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Sherman & Howard LLC
    Another marijuana bankruptcy case bites the dust as the Arizona bankruptcy court dismisses an involuntary case filed against a medical marijuana dispensary
    2015-09-29

    Following its sister court in Colorado[1] the United States Bankruptcy Court for the District of Arizona recently held that the debtor’s operation of a business that it illegal under federal law mandates dismissal of an involuntary bankruptcy petition filed against the debtor.  In re Medpoint Management, LLC, 528 B.R.

    Filed under:
    USA, Arizona, Healthcare & Life Sciences, Insolvency & Restructuring, Holland & Hart LLP, Medical cannabis, Cannabis, Controlled Substances Act 1971 (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Holland & Hart LLP
    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
    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
    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, Secured creditor, Cannabis industry, Controlled Substances Act 1971 (USA), Ninth Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    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
    #Hashtag: thinking of starting your own marijuana business?
    2014-10-10

    Have you ever wanted to start your own marijuana cultivation and distribution business? Do you see billboards on the highway advertising pot-growing seminars and think, “Maybe I should go?” Does the grass seem greener on the other side?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Cannabis, Controlled Substances Act 1971 (USA)
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Current page 2
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days