On Bankruptcy and Mediation
By: Donald L Swanson It’s not every day that the author of a Circuit Court opinion also authors a concurring opinion. But that’s exactly what happens here: In re Whittaker Clark & Daniels, Inc., Case Nos. 24-2210 & 24-2211 (3rd Cir., decided September 10, 2025).## Overview The issue in the concurring opinion deals with this question:... Continue Reading →
The wild west (photo by Grant Showalter-Swanson) By: Donald L Swanson When comparing proceedings under the Bankruptcy Code with receivership proceedings under state law, there is a similarity: both require intensive court supervision. And there is a huge difference: bankruptcy provides precise rules—lots of them—under an extensive Code and accompanying national and local rules and a... Continue Reading →
A place of equity? (Photo by Marilyn Swanson) By: Donald L Swanson I recently published this linked article on equitable tolling of a deadline for filing a dischargeability complaint or a motion to extend that deadline: Equitable Tolling & Due Process for Dischargeability Deadlines (TL90108 v. Ford). Here’s another opinion on that same subject with an... Continue Reading →
Built circa 1891 (photo by Marilyn Swanson) By: Donald L Swanson Here is an article from more than a century ago: Jacob Trieber, Abuses of Receiverships,” 37 Yale L.J. 275-279 (1909). What follows is a summary of that article. Receivership—A Judicial Remedy Receivership is a judicial remedy to preserve a fund or property from spoliation, waste... Continue Reading →
Intent? (Photo by Marilyn Swanson) By: Donald L. Swanson Here’s a refresher on the law of nondischargeability for “embezzlement” under § 523(a)(4): Martin v. Parker (In re Parker), Case No. 23-2084 (4th Cir., decided July 1, 2025). Facts Morton and Peggy cohabit for years without marrying. But they do sign a “Post Marital Agreement,” under... Continue Reading →
What happens to a rainbow? (Photo by Marilyn Swanson) By: Donald L. Swanson When a Chapter 7 bankruptcy trustee abandons the debtor’s tort claims, what happens to those tort claims? Such question is addressed in a recent opinion of the U.S. Fourth Circuit Court of Appeals,[fn. 1] by describing a prior bankruptcy ruling (Martineau v. Wier,... Continue Reading →
Are they all "reasonably equivalent"? (Photo by Marilyn Swanson) By: Donald L Swanson The opinion is Bird v. Wardley (In re White), Case No. 24-4033 (10th Cir., decided July 22, 2025). It addresses the meaning of the phrase “reasonably equivalent value” in the Uniform Fraudulent Transfer Act. Facts The In re White Debtor creates a start-up... Continue Reading →
A place of equity? (Photo by Marilyn Swanson) By: Donald L Swanson The opinion is TL90108 LLC v. Ford, Case No. 21-10456 (11th Cir., decided August 11, 2025). Facts A rare vehicle is stolen from the owner’s Milwaukee garage and shipped to Europe in 2001. The owner dies in 2005 while the vehicle is missing. An... Continue Reading →
Exculpated? (photo by Marilyn Swanson) By: Donald L Swanson On June 9, 2025, Justice Alito rules, “denied,” on Debtor’s request for a stay pending appeal in: Highland Capital Management, L.P. v. NexPoint Advisors, L.P., Case No. 24A1154 at U.S. Supreme Court. That’s the second denial by the U.S. Supreme Court in the Highland Capital bankruptcy. The... Continue Reading →
Standing? (Photo by Marilyn Swanson) By: Donald L. Swanson Here’s an interesting case: In re Riddle, Case No. 23-10827, New Mexico Bankruptcy Court (decided August 15, 2025; Doc. 70). Facts Debtor has a car crash. Long story short: the Other Driver gets a $2,000,000 judgment against Debtor, and Debtor files Chapter 7 bankruptcy. Claims &... Continue Reading →
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