Weeding Out Marijuana From Bankruptcy Proceedings: The Intersection Between State Laws Legalizing Marijuana and Federal Bankruptcy Law

By Brian T. Cumings, Graves, Dougherty, Hearon and Moody (Austin, TX)

Until relatively recently, using or selling or even possessing marijuana was subject to criminal charges in all 50 states. Colorado and Washington have now made it permissible under state law to use marijuana recreationally. Numerous states have made provisions in state law for permitting medicinal marijuana.1

However, cannabis remains a Schedule I controlled substance under the Controlled Substances Act, making it a federal crime to use, sell, or possess marijuana.

Among other things, this means that financial institutions must either refuse . . .

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Supreme Court on Statute of Limitations Under Fair Debt Collection Practices Act

December 15, 2019

By William Houston Brown, Editor/Adviser Academy for Consumer Bankruptcy Education Construing the statute of limitations for actions against debt collectors under the Fair Debt Collection Practices Act (FDCA), the Supreme Court held on December 10, 2019, that “absent the application of an equitable doctrine, the statute of limitations in § 1692k(d) begins to run on the date on which the...

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Plan Payments Current But Patience Exhausted

Henry E. Hildebrand, III

March 29, 2026

Pro se Chapter 13 debtor’s case would be dismissed with a bar on refiling even though debtor was current on her confirmed plan payments due to her abuse of the bankruptcy process, including litigious but pointless pleadings, and continuing effort to relitigate matters already decided by the court.

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Ask Ms. Ps & Qs

Nancy B. Rapoport

April 26, 2026

This month, our ethics expert examines the pros and cons of in-person intake meetings versus Zoom and other technology-based approaches for that all-important fact finding client interaction.

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Denying Texas Ad Valorem Tax Lenders Keys to the Candy Store: A Discussion on Post-Petition Fees, Costs or Charges

David G. Peake, Vanessa De Leon Guerrero

June 8, 2025

While the title indicates a strictly Texas issue, this outline begins with an excellent national discussion. Something you will probably want to archive in your memory bank for future reference.

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Duty to Update Trustee Regarding Changes Post-Plan Confirmation

Daryl J. Smith

April 23, 2023

Is there a duty to inform the trustee about changes post-plan confirmation? Yes. There is an inherent duty for the consumer debtor to update the trustee on any and all material changes, particularly windfalls, post plan confirmation. In a very recent case, In Re Robinson, the United States Trustee moved to dismiss debtor’s chapter 13 case because the debtor received...

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Escrow 101 – Part 2 of 3

September 12, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 – Part 3 Escrow 102 – Part 1 Escrow 102 – Part 2

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How Forensic Accountants Add Value While Investigate Claims & Fraud – A Study

Edward C. Boltz

October 27, 2024

This study looks at forensic “accounting as a new generation tool that has adopted modern technology to detect financial fraud.” See Attorney Boltz’ comments on the use of forensic accounting in Chapter 13 cases.

Spoofing and the Legal Profession: No One is Immune

Ryan Bourgeois, Jeffrey Fleming, Lauren O’Neil Funseth

September 8, 2024

Spoofing scams hit with $10.5 trillion warning! If it were measured as a country, cybercrime would be the world’s third-largest economy after the United States and China. As its frequent mention in the news cycle demonstrates, no industry is immune – including the legal profession.

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Rule 12(b)(1) Dismissal

Tara Trevorrow

April 7, 2024

This article looks at Rule 12(b)(1) by presenting a three-question test synthesizing decades of Eleventh Circuit case law.

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Special Counsel 101: Getting Paid and Protecting Clients

Nicole P. Novak

May 1, 2022

The Bankruptcy Code imposes many duties on attorneys. One such duty requires attorneys to disclose compensation for services in contemplation of, or in connection with a bankruptcy case.1 Debtor attorneys know to disclose their fees at the start of the case. Attorneys that forget to timely file a compensation disclosure typically receive a gentle reminder to do so. However, in...

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Weeding Out Marijuana From Bankruptcy Proceedings: The Intersection Between State Laws Legalizing Marijuana and Federal Bankruptcy Law

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Related Articles

Supreme Court on Statute of Limitations Under Fair Debt Collection Practices Act

Plan Payments Current But Patience Exhausted

Ask Ms. Ps & Qs

Denying Texas Ad Valorem Tax Lenders Keys to the Candy Store: A Discussion on Post-Petition Fees, Costs or Charges

Duty to Update Trustee Regarding Changes Post-Plan Confirmation

Escrow 101 – Part 2 of 3

How Forensic Accountants Add Value While Investigate Claims & Fraud – A Study

Spoofing and the Legal Profession: No One is Immune

Rule 12(b)(1) Dismissal

Special Counsel 101: Getting Paid and Protecting Clients

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