On Bankruptcy and Mediation
By: Donald L Swanson The Nebraska Bankruptcy Court is the first in the nation to allow debtors to digitally sign petitions, schedules and other bankruptcy documents, rather than requiring a wet ink signature on paper documents. The Nebraska Rule On February 5, 2018, the Hon. Thomas L. Saladino, Chief Judge of the Nebraska Bankruptcy Court, amended... Continue Reading →
By: Donald L. Swanson The American Bankruptcy Institute and St. John’s University School of Law do an annual forty-hour [yes, that’s 40-hour] “Bankruptcy Mediation Training” course in New York City. The next course is coming soon -- it’s scheduled for December 8 – 12, 2019. Here is a schedule and sign-up link. I took... Continue Reading →
By: Donald L Swanson The Small Business Reorganization Act of 2019 has the following discharge provisions: Plan confirmation “discharges the debtor from” specified debts (see § 1181(c), § 1192 & § 1141(d)(1)(A)); but The discharge takes effect only “after completion” of “all payments due within” the 3 to 5 years term of the plan (§ 1192).... Continue Reading →
By: Donald L. Swanson The case is Thomas v Midland Funding LLC, A.P. No. 17-05010 in the Bankruptcy Court for the Western District of Virginia. On appeal, it’s Civil Action No. 5:18-cv-00128 in the U.S. District Court. Odd Facts The facts of the case are a kind of, “Who knew this happens?” Debtor is in... Continue Reading →
By: Donald L Swanson There are things we take for granted in bankruptcy cases: like concepts of fresh start and of absolute priority and of adequate protection. But the source of such concepts is often murky. One of those take-for-granted things is this: the division of a secured claim into, (i) an allowed secured claim that... Continue Reading →
By: Donald L Swanson HISTORY: “Prior to World War II, most international commercial disputes were resolved through consensual procedures such as mediation”—mediation was viewed by many as “an inclusive and effective cross-cultural approach to problem solving.” RECENT TIMES: Mediation is infrequently used in international commercial disputes—mediation is viewed by many as “a futile and potentially expensive... Continue Reading →
By: Donald L. Swanson In 2019, the U.S. Supreme Court issued two opinions on bankruptcy-specific topics that identify a common legal standard. The standard is this: In deciding a question under the Bankruptcy Code, look to legal standards that apply “outside bankruptcy” for guidance Both opinions do just that. Here’s how. FIRST OPINION The U.S. Supreme Court... Continue Reading →
By: Donald L. Swanson The case is Trujillo v. Tak (In re Tak), Case No. 18-ap-01217 (Bankry. C.D. Cal.). The Case Celia Trujillo sues Debtor in Superior Court of the State of California, County of Los Angeles, at Case No. BC672613, for sexual harassment and discrimination. In response, Debtor files Chapter 7 bankruptcy. Then, Celia Trujillo... Continue Reading →
By Donald L. Swanson The Small Business Reorganization Act of 2019 is said to provide a “Chapter 12-type” reorganization opportunity for small businesses within Chapter 11. That comparison is apt. Here’s why: Chapter 12 came into existence, back in 1986, because farmers had difficulty getting plans of reorganization confirmed under Chapter 11; The Small Business Act... Continue Reading →
By: Donald L. Swanson The title of this article is the subject of an advisory opinion from New York’s Mediator Ethics Advisory Committee. What happened An attorney and client are mediating a fee dispute. The mediator realizes the parties’ fee dispute is covered by a New York law requiring the attorney to notify the client of... Continue Reading →
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