On Bankruptcy and Mediation
Getting through the impediment (Photo by Marilyn Swanson) By: Donald L Swanson Question: Can a creditor prevent its debtor from filing bankruptcy by pre-petition contract terms? Answer: No . . . according to In re Roberson Cartridge Co., LLC, Case No. 22-20192 in the Northern Texas Bankruptcy Court (03/07/2023, opinion at Doc. 77). Facts The In... Continue Reading →
Impressions (Photo by Marilyn Swanson) By: Donald L Swanson A study compares the self-reported experiences of individuals who use mediation in a lawsuit with those who go through a lawsuit without mediation. It uses surveys of litigants taken before and immediately after the lawsuit—and then 3-6 months later. “Radically Different” Study The study claims to be... Continue Reading →
Inactive (photo by Marilyn Swanson) By: Donald L Swanson What happens when a creditor class fails or refuses to vote on confirmation of a Subchapter V plan? Does that prevent a consensual confirmation? We have a recent answer from In re Creason, Case No. 22-00988, Western Michigan Bankruptcy Court (opinion issued 2/23/2023). Facts The Subchapter V... Continue Reading →
Hypothetical? — Chihuly (photo by Marilyn Swanson) By: Donald L. Swanson Say what?!. “Hypothetical jurisdiction” for a bankruptcy appeal?! Who knew? I sure didn’t. But it is, apparently, a thing . . . and it may even be real. At U.S. Supreme Court A newly filed Petition in the U.S. Supreme Court is Waleski v. Montgomery,... Continue Reading →
By: Donald L. Swanson “Creative destruction” occurs when something new kills off whatever existed before it. IPhone Example Just think, for example, of all the creative destruction that the iPhone has wrought! It has destroyed businesses that provided telephones and phone books, cameras and film, audio recordings and players, newspapers and newsstands, and related services. Businesses... Continue Reading →
An old homestead, built in 1751, near Chester, PA (photo by Marilyn Swanson) By: Donald L Swanson City of Chester is the oldest city in Pennsylvania, incorporated as a borough in 1701 and as a city in 1866, and is located on the Delaware River between Philadelphia and Wilmington. Unfortunately, the City is also in Chapter... Continue Reading →
By: Donald L Swanson Amendments to the Uniform Commercial Code are receiving widespread acceptance in a large number of state legislatures, across party lines and as an apolitical and nonpartisan piece of legislation. That’s as intended and expected. Until now. Apparently, there is a newly-found concern that the definition of “money” in these Amendments does three... Continue Reading →
By: Donald L Swanson Q. “Your boss is quite a card player, Kelly. How does he do it?” A. “He cheats.” --From, “The Sting.” An essay [Fn. 1] explores the cheating exploits of a London-area grocer from back in the early 1600s. In particular, it explores this question: --How did he get away with it? Francis... Continue Reading →
Honest and unfortunate (photo by Marilyn Swanson) By: Donald L Swanson The U.S. Supreme Court does not like bankruptcy benefits for individual debtors. It really doesn’t. An example from a couple years ago is Fulton v. City of Chicago, where the U.S. Supreme Court finds a way to declare: an impound lot refusing debtor’s demand to... Continue Reading →
Painting over? (Photo by Marilyn Swanson) By: Donald L Swanson Can a corporate debtor be denied a Subchapter V discharge under § 523(a), despite this § 523(a) language (emphasis added): “A discharge under section . . . 1192 [Subchapter V] . . . does not discharge an individual debtor from . . . ”? A recent... Continue Reading →
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