There is “no federal general common law.”
Memo to Federal Judges: Resist Temptation (Rodriguez v. FDIC)
Model Local Mediation Rules: A Service of Great Value
By: Donald L. Swanson Every once in a great while, a group of people perform a voluntary service of hard and diligent effort that produces a result of excellence and provides great value to others. That is precisely what a small group of people did in creating model local rules and supporting commentary on bankruptcy mediation.... Continue Reading →
The Solvent Debtor and Post-Petition Interest on Unsecured Claims
The Fifth Circuit follows what it describes as “the monolithic mountain of authority” in holding that the Bankruptcy Code—not the reorganization plan—defines the limits of claims.
Four Examples of How Local Customs Impede Mediation
Practitioners need to constantly evaluate their local mediation customs to assure that better practices are identified and incorporated.
Wet Ink and Paper Retention Requirements are Flawed: Technology Can Fix That
Wet ink and paper retention requirements are a flawed relic of manual systems past. It’s time to move this relic into the highly-secure digital world.
Do We Ask And Expect Too Much From Mediation? (A Fourth Circuit Mediation Order)
By Donald L. Swanson Sometimes, mediation is asked and expected to do a lot. And sometimes mediation is asked and expected to do more than it can actually perform: i.e., many puzzles and problems defy solution. A new mediation order out of the U.S. Fourth Circuit Court of Appeals asks and hopes for a lot from... Continue Reading →
Small Business Reorganization Act of 2019: Frequently Asked Questions & Some Answers
The SBRA exists today because small businesses have had difficulty getting plans confirmed under chapter 11.
Evaluating Choices in Mediation
Viewing options together nudges people to compare and contrast the options and focus on differences.
Unanswered Questions: Small Business Reorganization Act of 2019
Since the obvious intent of Congress is to help small businesses in financial stress and to abbreviate their Chapter 11 process, courts will try to avoid roadblocks when they can.
Multi-Party Mediation: A Time Problem & A Solution
The mediator spends a half-hour with each party to discuss initial positions—from 9:30 a.m. to 11:30 a.m. It’s now nearly lunchtime, we’ve only just begun, and time is already getting short.
MEDIATBANKRY 