Tag Archives: cannabis

Can Cannabis Companies File Bankruptcy? The New Chapter 15 Roadmap

By Mark Salzberg and Katherine Catanese on Posted in US
Have the doors to U.S. Bankruptcy courts finally swung open to cannabis companies?  Perhaps, but still in only very limited circumstances involving a foreign debtor. Nonetheless, Judge Brendan Shannon’s recent order granting recognition of a Canadian insolvency proceeding [1] filed by a cannabis company is the first crack in the door that many bankruptcy professionals … Continue Reading

How Close Can You Be To Cannabis And Still Have Access To The Bankruptcy Courts? (US)

By Mark Salzberg on Posted in US
How close is too close?  The answer to this question can have dire implications for people and companies involved in the cannabis industry who wish to seek bankruptcy protection.  Last month, a United States District Court issued an opinion which, while it did not directly answer this question, rejected a “zero tolerance” cannabis policy and … Continue Reading

Bankruptcy Court Doors Swing Open For Cannabis Companies, But Just Slightly

By Mark Salzberg on Posted in US
Are bankruptcy doors now opening for cannabis companies?  A decision last week from a California bankruptcy court indicates perhaps so, at least for cannabis companies that are no longer operating. Factual Background The Hacienda Company, LLC (the “Debtor”) was in the business of wholesale manufacturing and packaging cannabis products.  After it ceased operations in February … Continue Reading

Cannabis and Bankruptcy: 2020 in Review

By Mark Salzberg on Posted in US
In 2020, bankruptcy court doors continued to be shut to cannabis companies.  Perhaps most troubling is the continued bar for companies that are only tangentially involved in the state-legalized cannabis industry.  Although outlier cases exist, and even though courts have hinted that bankruptcy may be appropriate for some cannabis-related individuals and companies in some situations, … Continue Reading

Cannabis and Bankruptcy: 2019 in Review

By Mark Salzberg on Posted in US
Courts struggled this 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 … Continue Reading

Up in Smoke: More Cannabis Companies Get Shut Out of Bankruptcy

By Mark Salzberg on Posted in US
Marijuana Cannabis LeafsIn another loss for the cannabis industry, a district court recently affirmed the dismissal of chapter 11 petitions filed by companies that sold product used by both state-licensed marijuana growers and non-marijuana growers.  The district court’s decision in Way to Grow, Inc. demonstrates that the door that was opened by the Ninth Circuit in Garvin … Continue Reading

Bankruptcy Court Tells Debtors They Must Choose Between Bankruptcy Or Being Able To Buy Medical Marijuana

By Mark Salzberg on Posted in US
We have written before about the virtual dead end faced by marijuana companies who try to seek protection in the bankruptcy courts.  Almost uniformly, bankruptcy courts have shut their doors on marijuana companies, including their landlords and suppliers.  These courts have held that although marijuana use may be legal in a majority of the States, … Continue Reading

State Marijuana Laws vs. Bankruptcy: The Tension Grows

By Mark Salzberg on Posted in US
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 … Continue Reading
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