On appeal, the U.S. Bankruptcy Appellate Panel for the Ninth Circuit (the " BAP ") agreed. The BAP was quick to note that "the mere presence of marijuana near a bankruptcy case does not automatically prohibit a debtor from bankruptcy relief." While some courts applied a more stringent rule, the BAP discussed that the Ninth Circuit has no bright-line rule requiring dismissal of marijuana-related cases, instead affording bankruptcy courts discretion to determine an appropriate outcome. Nonetheless, the BAP affirmed the dismissal of the Burton case, holding that the debtors' business was "seeking to recover damages consisting at least in part of profits lost as a result of breaches of contracts related to the growing and selling marijuana. As such, any proceeds received from the litigation would represent profits from a business that is illegal under federal law."