On August 23, 2019, Mr. Day was a panelist at a conference called the “Next Chapter in Bankruptcy & Insolvency” in Santa Fe, New Mexico. The conference was sponsored by the Tenth Circuit Chapter of the American College of Bankruptcy. The panel was “The Cannabis Conundrum,” and Mr. Day’s presentation dealt with the intersection of federal bankruptcy law and the conflicting treatment under federal and state laws regarding cannabis. Of special interest was his discussion of Garvin v, Cook Investments NW, 922 F.3d 1030 (9th Cir. 2019), a case in which Mr. Day represented multiple commercial lessors in their joint chapter 11 cases. One debtor leased space to a state-licensed marijuana producer. Over the objection of the United States Trustee, the bankruptcy court approved the debtors’ joint chapter 11 plan of reorganization. The Ninth Circuit later affirmed in a published opinion, the first circuit-level decision in the country affirming plan confirmation in a cannabis-related case.
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