From the Editor – Conversion and Dismissal

By The Honorable William Houston Brown (Retired)

Dismissal affirmed of case filed by marijuana grower. The Tenth Circuit Bankruptcy Appellate Panel affirmed dismissal of a Chapter 7 case filed by a licensed Colorado marijuana grower and the denial of conversion to Chapter 13. The bankruptcy court found cause to dismiss since the Chapter 7 or 13 trustee could not lawfully administer the debtor’s marijuana assets. Notwithstanding legalization of marijuana in Colorado, it remains a federal crime. Confirmation of a Chapter 13 plan based on income from federal criminal conduct would not be permitted. Cause for . . .

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By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) On its face, Diaz (Diaz v. Viegelahn, No. 19-50982 (5th Cir. Aug. 26, 2020)) is a pretty straightforward decision that struck down a local form plan as violating a below-median income debtor's right to use her tax refund to finance necessary expenses for maintenance and support. On a deeper level,...

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By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) I. The Plan1 A. Notions to Consider before the Plan is Filed… Time for Filing of the Plan. No later than 90 days after the filing of the case, the debtor is required to file a plan, unless the court extends the time if the “need is attributable to circumstances for...

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How My Law Firm Learned to Stop Leaving Money on the Table Part 3 – Valuable Lessons Learned in Automatic Stay Litigation

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IRS Attempting to Collect on Virtual Currency

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IRS has begun sending letters to virtual currency owners advising them to pay back taxes, file amended returns; part of agency’s larger efforts. On July 26th, the IRS announced that it has begun sending letters to taxpayers with virtual currency transactions that potentially failed to report income and pay the resulting tax from virtual currency transactions or did not report...

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