On Bankruptcy and Mediation
An accurate statement (photo by Marilyn Swanson) By: Donald L Swanson The opinion is Bruce v. Citigroup Inc., Case No. 22-1000, decided August 2, 2023, by the U.S. Second Circuit Court of Appeals. The opinion addresses this question: Did Citigroup violate Debtor’s discharge injunction by refusing to correct an inaccurate credit report? The Second Circuit answers... Continue Reading →
Alive and well (Photo by Marilyn Swanson) By: Donald L Swanson You don’t see this very often: a dispute over the confidentiality of mediation communications. But such a dispute recently happened in In re Barretts Minerals, Inc., Case No. 23-90794, Southern Texas Bankruptcy Court. And the result is this: mediation confidentiality remains alive and well. In... Continue Reading →
Unconventional and impotent (photo by Marilyn Swanson) By: Donald L Swanson When a Subchapter V debtor is removed from possession under § 1185(a), what can the Subchapter V trustee do with debtor’s assets and operations? Duties, Rights, Powers and Functions Under § 1184, certain duties of a trustee are delegated to the Subchapter V debtor, “including... Continue Reading →
A bad development (photo by Marilyn Swanson) By: Donald L Swanson The existence of a bankruptcy option is a good thing for any debtor-creditor situation that is highly stressed—whether the bankruptcy option is used or not. This is especially true in mass-tort cases where a potential exists for (i) hugely-disparate results for similarly situated plaintiffs, and... Continue Reading →
A rough day (photo by Marilyn Swanson) By: Donald L Swanson A mass-tort asbestos case before the U.S. Supreme Court is Truck Insurance Exchange v. Kaiser Gypsum Company, Inc., Case No 22-1079. Here is a link to the transcript of oral arguments in that case, from March 19, 2024. In Truck Insurance, the question is whether... Continue Reading →
An appellate gatekeeper? (Photo by Marilyn Swanson) By: Donald L Swanson Over the years, I’ve heard lots of people say, “Bankruptcy abuse is a huge problem,” as a self-evident and undeniable proposition. But here’s the thing. Debtors who try to abuse the bankruptcy system rarely get away with it. That’s because there are too many gatekeepers—and... Continue Reading →
Bankruptcy judge as gatekeeper? (Photo by Marilyn Swanson) By: Donald L Swanson Over the years, I’ve heard lots of people say, “Bankruptcy abuse is a huge problem,” as a self-evident and undeniable proposition. But here’s the thing. Debtors who try to abuse the bankruptcy system rarely get away with it. That’s because there are too many... Continue Reading →
U.S. Trustee as gatekeeper? (Photo by Marilyn Swanson) By: Donald L Swanson Over the years, I’ve heard lots of people say, “Bankruptcy abuse is a huge problem,” as a self-evident and undeniable proposition. But here’s the thing. Debtors who try to abuse the bankruptcy system rarely get away with it. That’s because there are too many... Continue Reading →
Creditors as gatekeeper? (photo by Marilyn Swanson) By: Donald L Swanson Over the years, I’ve heard lots of people say, “Bankruptcy abuse is a huge problem,” as a self-evident and undeniable proposition. But here’s the thing. Debtors who try to abuse the bankruptcy system rarely get away with it. That’s because there are too many gatekeepers—and... Continue Reading →
Debtor's attorney as gatekeeper? (Photo by Marilyn Swanson) By: Donald L Swanson Over the years, I’ve heard lots of people say, “Bankruptcy abuse is a huge problem,” as a self-evident and undeniable proposition. But here’s the thing. Debtors who try to abuse the bankruptcy system rarely get away with it. That’s because there are too many... Continue Reading →
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