Can Cannabis Multi-State Operators Seek Chapter 15?

Duane Morris partner Jarret P. Hitchings authored the INSOL World journal article, “Is Chapter 15 Available to a Cannabis MSO? In the Face of Uncertainty, Tread Lightly.”

On 31 March 2021, the State of New York legalized the use, possession, and growth of cannabis by adults. Within the United States, cannabis is now legal in 16 states including Washington D.C., with legalization taking effect in two more states, Virginia and New Mexico, later this year. This state-level trend toward legalization in the United States continues even though cannabis remains illegal at the federal level. However, in Canada, cannabis has been legal at both the federal and provincial levels since 2018.

To read the full article, please visit the Duane Morris website.

Expedited Pre-Packs: Balancing Cost-Saving with Adequacy of Notice

In HighPoint Resources Corporation, Case No. 21-10565-CSS (Bankr. D. Del. 2021), the U.S. Trustee’s office filed an objection (Dkt. No. 48) to the rapid confirmation of the Debtors’ plan of reorganization, among other things, indicating its concern regarding the recent trend of expedited pre-packaged plans because of their failure to provide interested parties with adequate notice.

Expedited Pre-Packs

In a typical bankruptcy, a debtor files for bankruptcy, notifies its creditors and other interested parties, prepares compressive schedules, proposes a plan of reorganization and solicits votes on such plan with a disclosure statement. This will often take anywhere from 6 to 20 months, and sometimes much longer.

By contrast, as discussed in our prior post entitled “Rocket Confirmations Gain Traction,” an expedited pre-packaged plan (a “Pre-Pack”) occurs when a debtor files its bankruptcy petition having already solicited votes on a confirmable plan, and a court approves the debtor’s plan within the first few weeks and sometimes, as in In re Belk Inc., Case No. 21-3060630 (Bankr. S.D. Tex. 2021), within the first 24 hours of the filing of the debtor’s bankruptcy petition. Continue reading “Expedited Pre-Packs: Balancing Cost-Saving with Adequacy of Notice”

Rocket Confirmations Gain Traction

Early evening on February 23, 2021, Belk Inc. and its affiliates (collectively, “Belk”) filed their Chapter 11 bankruptcy petitions in the Bankruptcy Court for the Southern District of Texas. Less than seventeen hours later, Judge Marvin Isgur confirmed Belk’s pre-packed plan of reorganization. Belk is not the first Chapter 11 bankruptcy case to accomplish plan confirmation within the first twenty-four hours after filing a petition, and it certainly won’t be the last. In 2019, Sungard Availability Services Capital, Inc. and its affiliates filed their Chapter 11 petitions and similarly confirmed their plan the following day. Likewise, FullBeauty Brands Inc., a retailer like Belk, also achieved plan confirmation less than 24-hours after filing its Chapter 11 petition earlier in 2019.
Continue reading “Rocket Confirmations Gain Traction”