ABI’s Mediation Committee: A Home For The “Facilitate” Role Of Subchapter V Trustees

By: Donald L Swanson

The Mediation Committee of the American Bankruptcy Institute promotes mediation as a tool for resolving bankruptcy disputes.

The new statutory duty of a Subchapter V trustee to “facilitate the development of a consensual plan of reorganization” (under § 1183(b)(7)) is a mediator-like role, which finds a home in ABI’s Mediation Committee.

The interview above is with John Loughnane: a bankruptcy attorney, mediator and immediate past-president of ABI’s Mediation Committee.  In his Mediation Committee role, John organized a survey of bankruptcy professionals, regarding the Subchapter V trustee’s “facilitate” role, and the publication of a report on that survey, which can be found here.

In above interview, John discusses the role and function of ABI’s Mediation Committee, how the Subchapter V “facilitate” role fits within that Committee, and how professionals can become involved in Mediation Committee activities.

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