On Bankruptcy and Mediation
A healthy tree? (photo by Marilyn Swanson) By: Donald L Swanson Does a rotten tree produce good fruit? That’s the bankruptcy issue before the U.S. Supreme Court in Siegel v. Fitzgerald, where the Question is this: “Whether the Bankruptcy Judgeship Act violates the uniformity requirement of the Bankruptcy Clause by increasing quarterly fees solely in... Continue Reading →
By: Donald L Swanson Justice Stephen G. Breyer is set to retire from the U.S. Supreme Court in a few months. But he’s not easing into retirement. Instead, he’s out there swinging—fighting for his beliefs: trying to instruct / persuade current and future jurists on how the law should be applied. Justice Breyer’s latest punch is... Continue Reading →
An well-worn path (photo by Marilyn Swanson) By: Donald L Swanson Question: What gets an attorney’s fee application allowed—or rejected—in bankruptcy? Short answer: The services, (i) must be “necessary,” and (ii) must require legal expertise. Two Recent Opinions Two recent opinions address this question: In re H.T.O. Architect, PLLC, Case No. 19-10915, SDNY Bankruptcy Court (issued... Continue Reading →
Dale G. Higer is an attorney and a long-time Commissioner for the State of Idaho on the Uniform Law Commission. His newest role is Chair of the Commission’s newly-formed Study Committee on Assignments for Benefit of Creditors. What follows is Mr. Higer’s report on the Commission and on the work of the newly formed Study... Continue Reading →
Built for speed (photo by Marilyn Swanson) By Donald L. Swanson “Subchapter V is supposed to be a fast process toward plan confirmation, but I don’t see that happening!” --Comment of a Bankruptcy Judge (as I recall the comment) It’s true: (i) Subchapter V is supposed to go quickly, but (ii) it often doesn’t. Here’s why... Continue Reading →
Self-Centered? (photo by Marilyn Swanson) By: Donald L Swanson A study on “egocentrism” and “misunderstanding in conflict and Negotiation” is enlightening. [Fn. 1] “Egocentrism” is defined as an “excessive interest in oneself . . . at the expense of or in disregard of others.” Study Findings The study finds, in three separate experiments, that negotiating parties,... Continue Reading →
A lack of uniformity? (photo by Marilyn Swanson) By: Donald L Swanson It’s time for a uniform law on the subject of assignment for benefit of creditors. Description Assignment for benefit of creditors laws are commonly known by the acrostic “ABC Laws”--for obvious reasons. Such laws are a tool for owners of a distressed business in... Continue Reading →
SUNSET (photo by Marilyn Swanson) By Donald L. Swanson The sun has set. Yes it has. The $7,500,000 eligibility limit for Subchapter V expired yesterday (March 28, 2022), without action by Congress to extend it. Actually, the Subchapter V sun was set to set on March 27—but that’s a Sunday. So let’s give the benefit of... Continue Reading →
The setting of the sun (photo by Marilyn Swanson) By Donald L. Swanson Here’s a vindication for the Small Business Administration’s discrimination against bankruptcy debtors: On March 16, 2022, the Second Circuit Court of Appeals reverses a Bankruptcy Court Order that prohibited the SBA from denying PPP funds to bankruptcy debtors. The opinion is Springfield Hospital,... Continue Reading →
Ignoring the issue? (photo by Marilyn Swanson) By: Donald L Swanson A Petition for certiorari is before the U.S. Supreme Court in Speech & Language Center, LLC, and Chryssoula Marinos-Arsenis v. Horizon Blue Cross Blue Shield of New Jersey (Case No. 21-1154, filed 2/16/2022). Petition’s Question The Question presented in the Petition is this: “Can parties... Continue Reading →
MEDIATBANKRY 