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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The Importance of Using the Latest Master Mailing List for Serving Your Bankruptcy Documents

July 18, 2021

By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) One of the most important issues in serving your Chapter 13 Plans, Motions to Modify, Motions to Incur, Fee Applications, and other necessary documents served or noticed under the bankruptcy rules is using the most recent Master Mailing List (“MML”) from the Court. Your Court Clerk maintains and updates, on a regular...

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From the Editor – Fair Debt Collection Practices Act

February 2, 2020

By The Honorable William Houston Brown (Retired) Limitations period for actions under FDCPA. Construing the statute of limitations for actions against debt collectors under the Fair Debt Collection Practices Act (FDCPA), the Supreme Court held that “absent the application of an equitable doctrine, the statute of limitations in § 1692k(d) begins to run on the date on which the alleged...

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Game Stop: Dismissals with Prejudice

Michael B. Joseph

May 8, 2022

Faced with abusive and serial bankruptcy cases,courts have fashioned various sanctions to put a stop to gaming the system. The favored sanction of the majority of courts is to enter an order of dismissal with prejudice under Section 349(a) of the Bankruptcy Code that adds a condition prohibiting refiling another bankruptcy case for a set period of time. See Lundin...

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Is That AI in Your Inbox or Are You Just Happy to Paste Me?

Jen Lee

March 30, 2025

“Remember when humans used to write their own content? Yeah, me neither. Now we're stuck reading emails, posts, and articles clearly pumped straight out of ChatGPT with zero editing…and horrible formatting.”

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How Can You Claim to Be “Creative” or “Innovative” If Your Website’s Home Page Shows a Skyline?

Ross Fishman

February 9, 2025

“Your marketing is your opportunity to set yourself apart. It’s your chance to show why you’re different — better — than your competitors.”

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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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Inclusion in Bankruptcy Doesn’t Equal “Discharged”

Cathy Moran

February 11, 2024

Communications Practice Pointer! Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. Communicating clearly with our clients, in their language, is a key part of our job. The struggle often seems Herculean.

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ABI Commission on Consumer Bankruptcy – Judicial Estoppel

June 30, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Over the past twenty years, the judicial estoppel doctrine has had a significant impact on people who file bankruptcy. Judicial estoppel has grown to be a significant issue within the consumer bankruptcy system. The Commission was asked to address it. Judicial estoppel is a doctrine created to protect the...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 8 Selected Decisions Under Part III of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

April 30, 2023

Introduction One new rule and amendments to 16 rules took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA), and had been in place in the same or similar form on an interim basis since that legislation took effect. Part 1 of this series summarized . . . It looks like you...

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Objections to Claims: Two of These Creditors Are Not Like the Others [1]

June 13, 2021

By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo) Objections to claims may generally be served on the claimant by first-class mail to the person designated to receive notices on the most recent proof of claim for the creditor. This simplifies the service for claim objections for...

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