On Bankruptcy and Mediation
By: Donald L Swanson Actually, the U.S. Supreme Court does . . . but they’re wrong. Here’s why. Some History Back in early 1980s, when the Bankruptcy Code was but a few years old, the U.S. Supreme Court struggled with bankruptcy court jurisdiction. --Northern Pipeline That struggle resulted in the Supreme Court's 1982 Northern Pipeline v.... Continue Reading →
By Donald L. Swanson “Lending to the most highly indebted companies in the U.S. and Europe is surging.”— Wall Street Journal [Fn. 1] When a large business files for bankruptcy, there is one group that almost always suffers. It is a group with little-to-no power. It is the unsecured trade creditors. It is those that supply... Continue Reading →
By: Donald L Swanson Many people live the American Dream. They’ve started a business and are succeeding. They’re what makes the U.S. economy work. But bad things can—and do—happen to them: things like product obsolescence, economic downturn, health problems, a costly mistake, bad luck. Such things can destroy their Dream and can destroy the entrepreneurs themselves.... Continue Reading →
By: Donald L. Swanson “Mom always liked you best.” --Smothers Brothers. I finished reading the U.S. Supreme Court’s Lucia v. SEC opinion (decided June 21, 2018). And I’m irritated: the entire situation is just-not-fair to bankruptcy courts and judges. --It’s obvious that the U.S. Supreme Court always liked judicial authority of administrative agencies, like the Securities... Continue Reading →
By: Donald L. Swanson The case is Henry & Buresh v. Weiss (Supreme Court Case No. 17-1210). The U.S. Supreme Court denied certiorari on May 29, 2018. This denial allows an injustice to stand, which is a travesty. I’ll try to explain. Facts Michael Bello was sole shareholder, director, and president of Walldesign, Inc. Over a... Continue Reading →
By: Donald L. Swanson It’s not every day that the U.S. Supreme Court makes a pronouncement on criminal law in the context of a bankruptcy case. But that’s what happened on Tuesday (May 29, 2018) in the Supreme Court’s Lagos v. United States opinion (Case No. 16-1519). Bankruptcy Facts On February 2, 2010, a trucking enterprise, USA... Continue Reading →
By: Donald L. Swanson Last week, the U.S. Supreme Court made its latest pronouncement upholding arbitration: Epic Systems Corp. v. Lewis, U.S. Supreme Court Case No. 16-285 (issued May 21, 2018). The pronouncement follows a long line of precedents upholding and enforcing arbitration agreements, founded on the Federal Arbitration Act. This article explores the Epic Systems v. Lewis decision... Continue Reading →
By Donald L. Swanson Have you ever solved one problem but created another in the process? That's, of course, not very helpful. But that’s exactly what the U.S. Supreme Court did a couple years ago in Husky International Electronics, Inc. v. Ritz, 136 S.Ct. 1581 (2016). And ramifications continue, to this day, in a three-way split... Continue Reading →
By: Donald L. Swanson Football fan: “You just cost me $1,000.” Coach Tom Osborne: “I didn’t make the bet.” Steven M. Sipple, Lincoln Journal Star, May 15, 2018. Question: Can Congress command a state’s lawmakers to outlaw sports gambling? Answer: The U.S. Supreme Court says: "No," Congress has no such authority under the U.S. Constitution; but Congress... Continue Reading →
