A Confirmed Plan with a Marijuana Wrinkle

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina

Although this is a chapter 11 case, it has chapter 13 implications because the confirmation requirement that a plan be “proposed in good faith and not by any means forbidden by law” is identical in both chapters (§ 1129(a)(3) and § 1325(a)(3)). Garvin v. Cook Invs. NW, SPNWY, LLC, No. 18-35119, 2019 U.S. App. LEXIS 13235 (9th Cir. May 2, 2019)

Background

Five real estate holding companies, all owned and managed by Michael Cook, filed a joint

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