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IN RE ARENAS

BAP No. CO-14-046. Bankr. No. 14-11406.

535 B.R. 845 (2015)

IN RE Frank Anthony ARENAS, doing business as FA Husbandry LLC, doing business as FSA LLC, doing business as Twenty Eighth Larimer LLC, and Sarah Eve Arenas, Debtors. Frank Anthony Arenas and Sarah Eve Arenas, Appellants, v. United States Trustee, Appellee.

United States Bankruptcy Appellate Panel, Tenth Circuit.

Signed August 21, 2015.

Attorney(s) appearing for the Case

Daniel J. Garfield of Foster Graham Milstein & Calisher LLP, Denver, Colorado, for Appellants.

Noah M. Schottenstein , Trial Attorney, Executive Offices of the United States Trustee, Department of Justice ( Ramona D. Elliott , Deputy Director/General Counsel and P. Matthew Sutko , Associate General Counsel, Executive Offices of the United States Trustee, Department of Justice, Washington, D.C.; Patrick S. Layng , United States Trustee for Region 19, Gregory Garvin , Assistant United States Trustee, and Alan K. Motes , Trial Attorney, United States Trustee, Department of Justice, Denver, Colorado with him on the brief), Washington, D.C., for Appellee.

Before CORNISH, NUGENT, and SOMERS, Bankruptcy Judges.

OPINION

Possessing, growing, and dispensing marijuana and assisting others to do that are federal offenses. But like several other states, Colorado has legalized these acts and heavily regulates them, triggering a flourishing marijuana industry there. Can a debtor in the marijuana business obtain relief in the...

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