![]() In reaching its holding, the Ninth Circuit departed from an established precedent that. The Circuit Court held that a debtor has an absolute rightwithout exceptionto dismiss his Chapter 13 bankruptcy case under Section 1307 (b) of the Bankruptcy Code. To read the full article, please visit Reuter’s website. On September 1, 2021, the Ninth Circuit issued its ruling in the case of In Re Nichols. Bankruptcy Court's refusal to dismiss a Chapter 11 bankruptcy case, emphasizing that a violation of the Controlled Substances Act (CSA) does not automatically warrant dismissal, and considering the interests of innocent creditors and potential post-petition efforts to address violations. In this Reuter’s article authored by Loeb & Loeb Restructuring and Bankruptcy partners Schuyler Carroll and Bethany Simmons and associate Noah Weingarten, the writers analyze the U.S. See, e.g., In re: Way to Grow, Inc., 610 B.R. ![]() The Hacienda court's refusal to dismiss this marijuana industry case - on two separate occasions - and instead to confirm the Chapter 11 plan, represents a departure from the vast majority of bankruptcy court decisions, which reached the opposite result: dismissing bankruptcy cases based on perceived violations of federal drug laws alone. ![]() Bason) denied a motion to dismiss the Chapter 11 bankruptcy case despite finding that the marijuana-industry debtor was engaged in an ongoing, post-petition violation of the federal Controlled Substances Act (CSA). 707(a)-(b) A Proof of Service on all creditors is required. Bankruptcy Court for the Central District of California (Judge Neil W. LBR 1017-2(e) provides the procedure for a chapter 7 debtor, chapter 7 trustee, United States trustee, or a creditor to file a motion to dismiss a chapter 7 bankruptcy case.
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