On Bankruptcy and Mediation
A rough day (photo by Marilyn Swanson) By: Donald L Swanson A mass-tort asbestos case before the U.S. Supreme Court is Truck Insurance Exchange v. Kaiser Gypsum Company, Inc., Case No 22-1079. Here is a link to the transcript of oral arguments in that case, from March 19, 2024. In Truck Insurance, the question is whether... Continue Reading →
An appellate gatekeeper? (Photo by Marilyn Swanson) By: Donald L Swanson Over the years, I’ve heard lots of people say, “Bankruptcy abuse is a huge problem,” as a self-evident and undeniable proposition. But here’s the thing. Debtors who try to abuse the bankruptcy system rarely get away with it. That’s because there are too many gatekeepers—and... Continue Reading →
Bankruptcy judge as gatekeeper? (Photo by Marilyn Swanson) By: Donald L Swanson Over the years, I’ve heard lots of people say, “Bankruptcy abuse is a huge problem,” as a self-evident and undeniable proposition. But here’s the thing. Debtors who try to abuse the bankruptcy system rarely get away with it. That’s because there are too many... Continue Reading →
U.S. Trustee as gatekeeper? (Photo by Marilyn Swanson) By: Donald L Swanson Over the years, I’ve heard lots of people say, “Bankruptcy abuse is a huge problem,” as a self-evident and undeniable proposition. But here’s the thing. Debtors who try to abuse the bankruptcy system rarely get away with it. That’s because there are too many... Continue Reading →
Creditors as gatekeeper? (photo by Marilyn Swanson) By: Donald L Swanson Over the years, I’ve heard lots of people say, “Bankruptcy abuse is a huge problem,” as a self-evident and undeniable proposition. But here’s the thing. Debtors who try to abuse the bankruptcy system rarely get away with it. That’s because there are too many gatekeepers—and... Continue Reading →
Debtor's attorney as gatekeeper? (Photo by Marilyn Swanson) By: Donald L Swanson Over the years, I’ve heard lots of people say, “Bankruptcy abuse is a huge problem,” as a self-evident and undeniable proposition. But here’s the thing. Debtors who try to abuse the bankruptcy system rarely get away with it. That’s because there are too many... Continue Reading →
Abuse? (Photo by Marilyn Swanson) By: Donald L Swanson I recently heard politicians on all sides of the political divide agree on one thing as self-evident: that bankruptcy abuse by “fabulously wealthy corporations” is rampant; and Johnson & Johnson is a prime example of that abuse. Those partisans also agree on this point (again, as self-evident):... Continue Reading →
By: Donald L Swanson The American Bankruptcy Institute’s Subchapter V Task Force has issued its “Preliminary Report” on “Maintaining the $7,500,000 Debt Cap for Subchapter V Eligibility.” This article quotes from and summarizes the Report. Recommendation The Task Force recommends making permanent the $7,500,000 debt cap for Subchapter V eligibility, which is set to expire and... Continue Reading →
Scouting? (Photo by Marilyn Swanson) By: Donald L Swanson Congress, the federal appellate courts and the U.S. Supreme Court all need to recognize this historical reality: bankruptcy is an efficient and effective tool for resolving mass tort cases, as demonstrated by cases with huge-majority approval votes from tort victims. And all those institutions need to prevent... Continue Reading →
Antonio Stradivari -- A Special Master (Photo by Marilyn Swanson) By: Donald L Swanson This is the fourth in a series of four articles on why Fed.R.Bankr.P. 9031, titled “Masters Not Authorized,” needs to be amended to authorize the utilization of special masters in complex bankruptcy cases. The focus of this fourth article is on how... Continue Reading →
MEDIATBANKRY 