On Bankruptcy and Mediation
Fiduciary capacity? (Photo by Marilyn Swanson) By: Donald L Swanson A bankruptcy discharge “does not discharge an individual debtor from any debt-- . . . for fraud or defalcation while acting in a fiduciary capacity.” 11 U.S.C. § 523(a)(4). The effect of this “fiduciary capacity” statute is newly before the U.S. Supreme Court on a petition... Continue Reading →
A symbol of European progress? (Photo by Marilyn Swanson) By: Donald L Swanson Non-judicial forms of dispute resolution are widespread in legal systems, (i) within the western legal tradition, or (ii) based on religion and tradition. Further, over the past 50 years, mediation has found a prominent place in legal systems based on the rule of... Continue Reading →
Precedent for today’s cell phones? By: Donald L Swanson Here are a couple long-standing and foundational policies for the entire bankruptcy system: Bankruptcy laws protect the honest but unfortunate debtor; and Discharge exceptions are to be strictly construed against the objecting creditor and liberally construed in favor of debtor. So, for all my decades of practice... Continue Reading →
A trickster? (Photo by Marilyn Swanson) By: Donald L Swanson The case before the U.S. Supreme Court is MOAC Mall Holdings LLC v. Transform Holdco LLC, Case No. 21-1270. The bankruptcy question upon which the U.S. Supreme Court granted certiorari is this: Whether § 363(m) limits the appellate courts’ jurisdiction over any sale order or order... Continue Reading →
Surprise? (Photo by Marilyn Swanson) By: Donald L Swanson Every now and then we get a bankruptcy opinion declaring a rule with broad application that, (i) may make sense is specific situations, but (ii) is a terrible result for others. Here’s an Exhibit A opinion for such a proposition: Reinhart Foodservice LLC v. Schlundt, Case No.... Continue Reading →
https://youtu.be/RotRSOTEKb0 By: Donald L Swanson This video interview provides information about about the 2022 amendments to the Uniform Commercial Code (“UCC”). It is the third of three interviews with Edwin Smith about the 2022 UCC amendments: The first interview is linked here; and The second interview is linked here. Edwin Smith is an expert on the 2022 UCC amendments... Continue Reading →
Chicago (photo by Marilyn Swanson) By: Donald L Swanson Poor Chicago. Unlike the result for Chicago’s traffic ticket income in Fulton v. Chicago, the U.S. Supreme Court refuses to rescue Chicago in City of Chicago v. Mance (Case No. 22-268; Cert. denied, 11/21/2022).[Fn. 1] Chicago’s Traffic Ticket Income Here’s the deal: Chicago issues three million traffic... Continue Reading →
https://youtu.be/MUxzZ9XL1Ew By: Donald L Swanson This video interview provides an explanation about the new "Article 12 -- Controllable Electronic Records," in the 2022 amendments to the Uniform Commercial Code ("UCC"). This video is the second of two interview with Edwin Smith about the 2022 UCC amendments. The first interview is linked here. Edwin Smith is an... Continue Reading →
Old and outdated? (photo by Marilyn Swanson) By: Donald L Swanson Four decades and several years ago, Congress repeals the Federal Bankruptcy Act of 1898 and replaces it with the Bankruptcy Reform Act of 1978, aka the “Bankruptcy Code.”[Fn. 1] A decade later, Justices on the U.S. Supreme Court are still disparaging the new Bankruptcy Code... Continue Reading →
https://youtu.be/zADLGOSj4g0 By: Donald L Swanson This video interview provides an overview of the 2022 amendments to the Uniform Commercial Code ("UCC"). The interview is with Edwin Smith, who is an expert on the 2022 UCC amendments because he chaired the Drafting Committee of the Uniform Law Commission that produced the 2022 UCC amendments. Ed is also... Continue Reading →
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