Subchapter V Plan Confirmation: Non-Voting & Classification (In re Creason)

Inactive (photo by Marilyn Swanson) By: Donald L Swanson What happens when a creditor class fails or refuses to vote on confirmation of a Subchapter V plan? Does that prevent a consensual confirmation? We have a recent answer from In re Creason, Case No. 22-00988, Western Michigan Bankruptcy Court (opinion issued 2/23/2023). Facts The Subchapter V... Continue Reading →

“Hypothetical Jurisdiction” For A Bankruptcy Appeal? (Waleski v. Montgomery, At U.S. Supreme Court)

Hypothetical? — Chihuly (photo by Marilyn Swanson) By: Donald L. Swanson Say what?!.  “Hypothetical jurisdiction” for a bankruptcy appeal?!  Who knew?  I sure didn’t. But it is, apparently, a thing . . . and it may even be real. At U.S. Supreme Court A newly filed Petition in the U.S. Supreme Court is Waleski v. Montgomery,... Continue Reading →

Reorganizing Family Businesses in Bankruptcy, and the Problem of Creative Destruction—A Chapter 12 Illustration

By: Donald L. Swanson “Creative destruction” occurs when something new kills off whatever existed before it. IPhone Example Just think, for example, of all the creative destruction that the iPhone has wrought! It has destroyed businesses that provided telephones and phone books, cameras and film, audio recordings and players, newspapers and newsstands, and related services. Businesses... Continue Reading →

Eligibility For Chapter 9—Over Objections Of Mayor & City Council? (City Of Chester, PA)

An old homestead, built in 1751, near Chester, PA (photo by Marilyn Swanson) By: Donald L Swanson City of Chester is the oldest city in Pennsylvania, incorporated as a borough in 1701 and as a city in 1866, and is located on the Delaware River between Philadelphia and Wilmington. Unfortunately, the City is also in Chapter... Continue Reading →

UCC Amendments: Resurrecting An Old Theory In Opposition

By: Donald L Swanson Amendments to the Uniform Commercial Code are receiving widespread acceptance in a large number of state legislatures, across party lines and as an apolitical and nonpartisan piece of legislation. That’s as intended and expected. Until now. Apparently, there is a newly-found concern that the definition of “money” in these Amendments does three... Continue Reading →

The Problem of the Small Cheat

By: Donald L Swanson Q. “Your boss is quite a card player, Kelly. How does he do it?” A. “He cheats.” --From, “The Sting.” An essay [Fn. 1] explores the cheating exploits of a London-area grocer from back in the early 1600s. In particular, it explores this question: --How did he get away with it? Francis... Continue Reading →

How An Honest Debtor’s Discharge Is Denied—A Reversion to Punishment? (Bartenwerfer v. Buckley)

Honest and unfortunate (photo by Marilyn Swanson) By: Donald L Swanson The U.S. Supreme Court does not like bankruptcy benefits for individual debtors.  It really doesn’t.  An example from a couple years ago is Fulton v. City of Chicago, where the U.S. Supreme Court finds a way to declare: an impound lot refusing debtor’s demand to... Continue Reading →

Denying Corporate Debtors A Discharge Under § 523(a)’s “Individual Debtor” Exceptions? (Avion Funding v. GFS)

Painting over? (Photo by Marilyn Swanson) By: Donald L Swanson Can a corporate debtor be denied a Subchapter V discharge under § 523(a), despite this § 523(a) language (emphasis added): “A discharge under section . . . 1192 [Subchapter V] . . . does not discharge an individual debtor from . . . ”? A recent... Continue Reading →

NCAA’s Losing Streak In Court Continues . . . For Now (Johnson v. NCAA)

NCAA (photo by Marilyn Swanson) By: Donald L Swanson The National Collegiate Athletic Association (“NCAA”) and its member schools have not fared well in court.  They tend to lose . . . a lot.  And their loosing streak continues. The latest loss is in a lawsuit filed on November 6, 2019, as Johnson v. The National... Continue Reading →

Proposed UCC Amendments: Old Article 9 & New Article 12

By: Donald L Swanson Proposed amendments to the Uniform Commercial Code are being introduced, during January and February of 2023, as bills in state legislatures across the land. The Uniform Commercial Code (“UCC”) has been enacted, in some form, by all fifty of the United States and by the District of Columbia.  The UCC: deals with... Continue Reading →

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