Legal Opinion
Arenas v. United States Trustee (In re Arenas)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided August 21, 2015No. BAP No. CO-14-046; Bankr. No. 14-11406PublishedCited by 35 opinions
1Opinion of the Court
OPINION
NUGENT, Bankruptcy Judge.
Possessing, growing, and dispensing marijuana and assisting others to do that are federal offenses. But like several other states, Colorado has legalized these acts and heavily regulates them, triggering a flourishing marijuana industry there. Can a debtor in the marijuana business obtain relief in the federal bankruptcy court? No.
In the Marrama case, the United States Supreme Court held that a debtor who is involved in unlawful or deceitful conduct may not convert his Chapter 7 case to Chapter 13 because the conduct betrays a lack of good faith that would bar…
2Cases cited19 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- United States v. KrasSupreme Court of the United States · 1973
- In the Matter of Robert John Love, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1992
- In Re Donald Dean Walker, Debtor. Donald Dean Walker v. Kenneth G.M. Mather, TrusteeCourt of Appeals for the Tenth Circuit · 1992
14 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- In re Way to Grow, Inc.United States Bankruptcy Court, D. Colorado · 2018
- Se Prop. Holdings, LLC v. Stewart (In re Stewart)Bankruptcy Appellate Panel of the Tenth Circuit · 2019
- In re Basrah Custom Design, Inc.United States Bankruptcy Court, E.D. Michigan · 2019
- Davis v. Holman (In re Holman)District Court, D. Kansas · 2018
- Arm Ventures, LLCUnited States Bankruptcy Court, S.D. Florida. · 2017
30 more not listed; retrieve them via the Exa API.