By Donald L. Swanson Sometimes, mediation is asked and expected to do a lot. And sometimes mediation is asked and expected to do more than it can actually perform: i.e., many puzzles and problems defy solution. A new mediation order out of the U.S. Fourth Circuit Court of Appeals asks and hopes for a lot from... Continue Reading →
The SBRA exists today because small businesses have had difficulty getting plans confirmed under chapter 11.
Viewing options together nudges people to compare and contrast the options and focus on differences.
Since the obvious intent of Congress is to help small businesses in financial stress and to abbreviate their Chapter 11 process, courts will try to avoid roadblocks when they can.
The mediator spends a half-hour with each party to discuss initial positions—from 9:30 a.m. to 11:30 a.m. It’s now nearly lunchtime, we’ve only just begun, and time is already getting short.
The absolute priority rule is still an impediment to reorganizing medium-size businesses in Chapter 11.
That’s all well and good for us well-fed folk, who frequent grocery stores stocked with vast arrays of food choices. But such luxuries are not universal—even here in these United States.
By: Donald L Swanson “An erroneous identification of a final order as interlocutory may cause a party to miss the appellate deadline.” --U.S. Supreme Court in Rytzen Group, Inc. v Jackson Masonry, LLC (decided 1/14/2020) Rarely has a Supreme Court bankruptcy ruling had a more-expansive effect that its most recent pronouncement. The quotation above shows why—because... Continue Reading →
By: Donald L. Swanson Every now and then we get a refresher on mediation confidentiality and how it works. Here is one such refresher. The case is Apollo Education Group, Inc. v. National Union Fire Insurance, Case No. CV-15-01948 in Arizona's U.S. District Court. The District Court addresses the admissibility into evidence of three documents from a... Continue Reading →