On Bankruptcy and Mediation
By Donald L. Swanson I’m in a mediation session for a state court commercial case. The parties have been at it for a couple years. And everyone’s expectation is that this will be a one-and-done session. One of the first things Plaintiff’s president says to me is, “Can you believe we’ve paid over [$xxx] in... Continue Reading →
"Do not go out hastily to argue your case; Otherwise, what will you do in the end, When your neighbor puts you to shame?" --Prov. 25:8 By: Donald L. Swanson It now seems obvious that the Archdiocese of Milwaukee overplays its hand after receiving a favorable ruling from the U.S. District Court in Milwaukee. Here... Continue Reading →
Action Item. All participants in a bankruptcy mediation need to understand, in advance, that a discovery vacuum, (1) might require a recess in the mediation session until the discovery vacuum can be filled, or (2) needs to be identified and addressed in pre-session communications..
By Donald L. Swanson I’m mediating a bankruptcy valuation dispute between a bank secured creditor and debtor. The asset is a building in need of repair. The dispute has been pending for a short while, and a hearing on declaration evidence is to occur soon. During the mediation, the banker says: “We need to see... Continue Reading →
By: Donald L. Swanson Sometimes “a slugfest” must occur “before people get serious” about settlement possibilities. This is definitely true in the Archdiocese of Milwaukee bankruptcy. So says James I. Stang, attorney for the Official Creditors Committee in that case—and in at least a half-dozen additional cases of a similar nature. The Archdiocese of Milwaukee "slugfest"... Continue Reading →
Action Item. At every significant development in a bankruptcy case, beginning at its earliest stages, parties should consider whether a mediation process might be helpful immediately in resolving remaining disputes. #bankruptcy #mediation #bankruptcymediation
By Donald L. Swanson "You can't fight every battle all the time," and "You have to get as many settlements as you can—as fast as you can." These are truisms for debtor's bankruptcy counsel. In a Chapter 11 case, the debtor's best-interest is to identify resolvable disputes promptly, get each of them settled as quickly... Continue Reading →
"As a workplace mediator for over 25 years I look forward to you continuing your series. Interesting to find out if your thoughts apply to my area as well. Thanks, Don" Thornton Mason National Director -- Workplace Mediation
By Donald L. Swanson By mid-November 2015, the Archdiocese of Milwaukee has been battling its sex abuse claimants in Bankruptcy Court for nearly five years. The fight has been tough: described as "scorched earth." The Archdiocese has been fighting to limit payouts on sex abuse claims to the low single-digits of millions of dollars. But... Continue Reading →
By: Donald L. Swanson A Bankruptcy Court Judge is concerned about “leaks of sensitive, non-public information concerning the bidding process and mediation.” The bankruptcy case is In re Molycorp, Inc. (Case No. 15-11357 in the District of Delaware). A "Leaks" Problem The Bankruptcy Judge identifies three Bloomberg articles authored by Jodi Xu Klein and others... Continue Reading →
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