On Bankruptcy and Mediation
By: Donald L Swanson “Jun 02 2025 The Solicitor General is invited to file a brief in this case expressing the views of the United States.” That’s the latest entry by the U.S. Supreme Court on its electronic docket for Case No. 24-1062, The Hertz Corporation, et al v. Wells Fargo Bank, N.A., as Indenture Trustee.... Continue Reading →
In-Person (Photo by Marilyn Swanson) By: Donald L. Swanson Mediators prefer Online Dispute Resolution to In-Person Mediation, in mediations conducted by the U.S. Equal Employment Opportunity Commission (“EEOC”). That’s the finding from a study of mediators who served in the mediation program conducted by the U.S. Equal Employment Opportunity Commission (“EEOC”). The report of the... Continue Reading →
A refreshing scene (photo by Marilyn Swanson) By: Donald L Swanson Here is a refresher on the proof of claim requirement for a "writing" attachment (under Fed.R.Bankr.P. 3001), and on the prima facie validity that can result (under subpart (f) thereof). The opinion is In re SVB Financial Group, Case No. 23-10367 in SDNY Bankruptcy Court... Continue Reading →
In-Person (Photo by Marilyn Swanson) By: Donald L. Swanson “Nearly 70% of the participants prefer Online Dispute Resolution [e.g., via Zoom] to In-Person Mediation . . . Only 13% preferred In-Person Mediation in the future.” That’s the finding from a study of party-participants in the mediation program conducted by the U.S. Equal Employment Opportunity Commission... Continue Reading →
The greater good? (photo by Marilyn Swanson) By: Donald L Swanson What happens when a bankruptcy sale is nearly complete . . . and someone presents a substantially-higher bid? Must the lower-price deal proceed to completion? Or can the higher bid be considered? The answer is this: maximizing value is the greater good, so the higher... Continue Reading →
Awaiting special deposits (photo by Marilyn Swanson) By: Donald L Swanson The Uniform Law Commission offers a Uniform Special Deposits Act. Such Act is designed to provide certainty on issues surrounding the ownership and use of money deposited in a bank account for a special purpose. Here’s an example of the type of disasters that could... Continue Reading →
Consent? (photo by Marilyn Swanson) By: Donald L Swanson In Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), the Supreme Court declares: the Bankruptcy Code does not authorize non-consensual third-party releases in Chapter 11 plans of reorganization; but “Nothing in what we have said should be construed to call into question consensual third-party releases offered... Continue Reading →
Winners (photo by Marilyn Swanson) By: Donald L Swanson Here’s a hypothetical. Banker is trying to manage credit problems with debtor’s failing business. Debtor’s attorney offers banker a choice among these alternatives: Debtor could give the keys of the business to bank—to liquidate as bank sees fit; Bank could foreclose its liens; Bank could initiate a... Continue Reading →
BAPCPA By Donald L. Swanson The text of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) is linked here. Title III of BAPCPA is named “Discouraging Bankruptcy Abuse,” and § 321 (from said Title III) is named “Chapter 11 Cases Filed by Individuals.” Such § 321 makes the following changes to the Bankruptcy... Continue Reading →
Wearing a vest (photo by Marilyn Swanson) By Donald L. Swanson This statutory language appears in each of Chapter 13, Chapter 12 and Subchapter V of the Bankruptcy Code: “Property of the estate includes . . . all property . . . that the debtor acquires after the commencement of the case”; and “confirmation of a... Continue Reading →
MEDIATBANKRY 