On Bankruptcy and Mediation
By: Donald L. Swanson The opinion in the U.S. Supreme Court is Spokeo, Inc. v. Robins (issued on May 16, 2016, in Case No. 13-1339). The Facts of the Case Here are the facts: Spokeo, Inc., operates a “people search engine”: you can search its website for a person’s name and get information about him/her. Spokeo... Continue Reading →
By Donald L. Swanson Mediators are appointed as “special masters” in the U.S. District Courts. Such appointments are authorized by Fed. R. Civ. P. 53. Examples of Mediators as Special Settlement Masters Mediators appointed as special settlement masters are often given a broad range of authority to act proactively on the court’s behalf. One example is In... Continue Reading →
By Donald L. Swanson These are the best of times, these are the worst of times for 11 U.S.C. § 546(e). § 546(e) provides protection from fraudulent transfer liability in specialized circumstances: e.g., for sales of corporate stock through an intermediary. The “best of times” are because five circuit courts of appeals construe § 546(e)... Continue Reading →
By Donald L. Swanson “In sum, the walls of the mediation room are remarkably transparent." -- James Coben & Peter Thompson The State of California is studying mediation confidentiality in the context of legal malpractice disputes. Suprise # 1 A surprise of the study is from a 2006 law review article by Coben and Thompson... Continue Reading →
By: Donald L. Swanson The U.S. Supreme Court has a penchant for rulings that, as a practical matter, screw up our bankruptcy world. The most recent example is the Supreme Court’s March 22, 2017, ruling in the In re Jevic case [see this article]. Another case, where the U.S. Supreme Court did us no favors in... Continue Reading →
By: Donald L. Swanson “Whereas, mediation may provide an opportunity to consensually resolve the Mediation Issues . . . It Is Therefore, Ordered” that “Representatives of the following parties and their counsel are directed to attend the Mediation in person: (i) the Debtors, (ii) the Committee, . . . [etc.] . . . “ Stuart... Continue Reading →
By: Donald L. Swanson “Back when I was in school . . .” This is a tired-old phrase, usually followed by tales of hardship. The Olden Days But here’s an opposite twist: Back when I was in college (during the 1970s), you could actually pay your way through, with little-to-no debt, by working part-time jobs... Continue Reading →
By: Donald L. Swanson Here is a common experience in the bankruptcy courts (and other courts) where mediation is a new or little-used tool: Attorneys have been practicing for years in this court without using mediation. And mediation is slow to catch on. Here’s why: --Attorneys who practice in this court aren’t accustomed to using... Continue Reading →
By: Donald L. Swanson The only things I know about Judge (now Justice) Neil Gorsuch are from what I’ve read in two contexts: His rating by the American Bar Association’s Standing Committee on the Federal Judiciary, which voted unanimously to give its best possible rating to Judge Gorsuch as a Supreme Court nominee; and Five... Continue Reading →
By Donald L. Swanson “Puerto Rico’s federally appointed financial oversight board scheduled mediation in debt restructuring talks between the U.S. Territory’s general obligation bondholders and holders [of other debts] backed by sales tax revenue.” The mediation “will run from April 10-13 in New York.” --Reuters.com, March 31, 2017, at 11:09 a.m. An hour later, March... Continue Reading →
MEDIATBANKRY 