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Another Blow to Bankruptcy Relief for Marijuana-Adjacent Debtors | Perkins Coie

To embed, copy and paste the code into your website or blog: Though it appeared the smoke might blow in a more favorable direction, the hopes of marijuana-adjacent businesses using the Bankruptcy Code were snuffed out once again by the Bankruptcy Court in Colorado. The Controlled Substances Act (the CSA) makes it illegal to rent, lease, or make available for use or profit from a location for the manufacture, storing, or distribution of controlled substances. Federal law generally imposes criminal liability for aiding and abetting the unauthorized manufacture, distribution, or dispensing of marijuana, which is a Schedule 1 controlled substance. A number of courts have ruled that businesses whose operations constitute federal crimes cannot take advantage of the federal bankruptcy system.[1] Bankruptcy courts have even dismissed cases where the debtor does not operate a cannabis business, but operates ancillary businesses such as the manufacture or sale of equipment that may be used to

San Fernando Valley real estate developer charged with concealing assets and making false statements in bankruptcy proceeding

Los Angeles   A Calabasas-based real estate developer has been indicted in a bankruptcy fraud case that also alleges he laundered funds through shell companies in order to hide them from his creditors. Mark Handel was charged in a nine-count indictment unsealed today with one count of making a false statement in a bankruptcy case, two counts of concealing assets belonging to a bankruptcy estate, one count of falsely testifying under oath at a bankruptcy proceeding, and five counts of money laundering. Handel s arraignment is scheduled for February 16 in United States District Court in downtown Los Angeles. According to the indictment, Handel worked as a developer of commercial and residential real estate for more than 30 years. In April 2015, Handel filed a chapter 11 petition in United States Bankruptcy Court in Woodland Hills and subsequently made a series of false statements to avoid debts exceeding $10 million that he owed to creditors, including California Bank and Trust (C

Amendments to Bankruptcy Code Included in New Stimulus Package | Kerr Russell

Some of the key amendments include: PPP Loans for Corporate Debtors The Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), enacted in March, 2020, established the Paycheck Protection Program (PPP) which offered forgivable loans to qualifying small businesses. Initially, the Small Business Administration (SBA) refused to issue PPP loans to debtors, but under the amendments to Section 364 of the Code corporate debtors may be eligible for PPP loans with the authorization of the bankruptcy court. However, this amendment will not become effective unless and until the SBA Administrator submits a letter to the Office of the United States Trustee acknowledging that debtors qualify for CARES Act funding. Assuming the SBA Administrator permits the issuance of PPP loans to debtors, PPP loans for each individual corporate debtor will only be issued upon the approval of the bankruptcy court. The period to apply for PPP funding under the CAA expires on March 31, 2021.

Bankruptcy Provisions in COVID Relief Legislation Impacting PPP Loans, Commercial Leases and Preference Claims | Farella Braun + Martel LLP

Best of Los Angeles Award Winning Bankruptcy Attorney, Charles Daff, Gives His Thoughts On U S National Debt Denial - US Politics Today

Best of Los Angeles Award Winning Bankruptcy Attorney, Charles Daff, Gives His Thoughts On U S National Debt Denial - US Politics Today
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