On July 25, 2019, the Bankruptcy Court for the District of Colorado denied confirmation of a plan based on the failure of the Debtors to submit their disposable income per the means test. The Debtors claimed a special circumstance expense of $900.00 per month for a chronic and severely painful medical condition for which marijuana is the only effective remedy.

The UST and chapter 13 trustee filed objections to this expense.

The Debtors argued the marijuana is not used for recreation. Further, medical marijuana is legal under Colorado law and the Debtor holds a valid license. Therefore, it is a valid expense.

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