On Bankruptcy and Mediation
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 →
Abuse? (Photo by Marilyn Swanson) By: Donald L Swanson I recently heard politicians on all sides of the political divide agree on one thing as self-evident: that bankruptcy abuse by “fabulously wealthy corporations” is rampant; and Johnson & Johnson is a prime example of that abuse. Those partisans also agree on this point (again, as self-evident):... Continue Reading →
By: Donald L Swanson The American Bankruptcy Institute’s Subchapter V Task Force has issued its “Preliminary Report” on “Maintaining the $7,500,000 Debt Cap for Subchapter V Eligibility.” This article quotes from and summarizes the Report. Recommendation The Task Force recommends making permanent the $7,500,000 debt cap for Subchapter V eligibility, which is set to expire and... Continue Reading →
Scouting? (Photo by Marilyn Swanson) By: Donald L Swanson Congress, the federal appellate courts and the U.S. Supreme Court all need to recognize this historical reality: bankruptcy is an efficient and effective tool for resolving mass tort cases, as demonstrated by cases with huge-majority approval votes from tort victims. And all those institutions need to prevent... Continue Reading →
Antonio Stradivari -- A Special Master (Photo by Marilyn Swanson) By: Donald L Swanson This is the fourth in a series of four articles on why Fed.R.Bankr.P. 9031, titled “Masters Not Authorized,” needs to be amended to authorize the utilization of special masters in complex bankruptcy cases. The focus of this fourth article is on how... Continue Reading →
Antonio Stradivari -- A Special Master (Photo by Marilyn Swanson) By: Donald L Swanson This is the third in a series of four articles on why Fed.R.Bankr.P. 9031, titled “Masters Not Authorized,” needs to be amended to authorize the utilization of special masters in complex bankruptcy cases. The focus of this third article is on how... Continue Reading →
Antonio Stradivari -- A Special Master (Photo by Marilyn Swanson) By: Donald L Swanson This is the second in a series of four articles on why Fed.R.Bankr.P. 9031, titled “Masters Not Authorized,” needs to be amended to authorize the utilization of special masters in complex bankruptcy cases. The focus of this second article is on how... Continue Reading →
Antonio Stradivari -- A Special Master (Photo by Marilyn Swanson) By: Donald L Swanson This is the first in a series of four articles on why Fed.R.Bankr.P. 9031, titled “Masters Not Authorized,” needs to be amended to authorize the utilization of special masters in complex bankruptcy cases. The focus of this first article is on how... Continue Reading →
https://youtu.be/LeDRrRnSxP8?si=2WjQ-6DxDGj5y3Hy By Donald L. Swanson Hon. Michael B. Kaplan is Chief Bankruptcy Judge for the U.S. Bankruptcy Court in New Jersey. Beginning with his appointment as Bankruptcy Judge in 2006, and throughout his judicial career, Judge Kaplan has presided over many complex bankruptcy cases—both large and small. Because of that experience, Judge Kaplan sees a need... Continue Reading →
Showing contempt? (Photo by Marilyn Swanson) By: Donald L Swanson Can the contempt remedy for a creditor’s violations of the discharge injunction in multiple bankruptcy cases throughout the land be imposed in a class action lawsuit? The answer from the First Circuit Court of Appeals is, “No” (see this linked opinion); and On January 8, 2023,... Continue Reading →
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