On Bankruptcy and Mediation
https://youtu.be/LeDRrRnSxP8?si=2WjQ-6DxDGj5y3Hy By Donald L. Swanson Hon. Michael B. Kaplan is Chief Bankruptcy Judge for the U.S. Bankruptcy Court in New Jersey. Beginning with his appointment as Bankruptcy Judge in 2006, and throughout his judicial career, Judge Kaplan has presided over many complex bankruptcy cases—both large and small. Because of that experience, Judge Kaplan sees a need... Continue Reading →
Showing contempt? (Photo by Marilyn Swanson) By: Donald L Swanson Can the contempt remedy for a creditor’s violations of the discharge injunction in multiple bankruptcy cases throughout the land be imposed in a class action lawsuit? The answer from the First Circuit Court of Appeals is, “No” (see this linked opinion); and On January 8, 2023,... Continue Reading →
February 3, 2002, Super Bowl By Donald L. Swanson Here’s an impression: the general populace in these United States have no understanding, whatsoever, of the risks that every business faces. That lack of understanding is especially true as to larger businesses with the appearance of profitability and success. Comparison Story But there’s a fascinating comparison story... Continue Reading →
All are included (photo by Marilyn Swanson) By: Donald L Swanson Here’s a due process question that’s percolating before the U.S. Supreme Court and a related mediation issue: The due process question is whether an insurer who must fund a mass tort bankruptcy plan is a “party in interest” that’s entitled to appear and be heard... Continue Reading →
Placing limitations upon (Photo by Marilyn Swanson) By: Donald L Swanson A helpful analysis of statute of limitations issues for fraudulent transfer claims brought by a bankruptcy trustee under § 544(a)&(b) is provided in a recent Circuit opinion. The opinion is Lewis v. Takacs (In re Stone Pine Investment Banking, LLC), Case No. 21-1423, U.S. Tenth... Continue Reading →
Can’t make this view up! (Photo by Marilyn Swanson) By Donald L. Swanson You can’t make this stuff up. The legal issues are pedestrian. But the facts behind those issues are incredible! Litigation History Here’s the boring stuff first. On January 8, 2024, the U.S. Supreme Court denies certiorari in Mann v. LSQ Funding Group, L.C.... Continue Reading →
A retrospective look (photo by Marilyn Swanson) By Donald L. Swanson Oral arguments happened on January 9, 2024, at the U.S. Supreme Court in U.S. Trustee v. Hammons. Here is a link to the transcript of those arguments. The Hammons question is this: what’s the proper remedy for unconstitutionality of lesser fees charged by bankruptcy courts... Continue Reading →
Making progress (photo by Marilyn Swanson) By: Donald L Swanson 2023 has been a good year for developing the law of Subchapter V through court rulings and opinions. Here are some of the highs and lows of that development. Working as Intended If 2023 shows us anything, it’s this: Subchapter V is working as intended. Subchapter... Continue Reading →
By Donald L. Swanson In 2022, the U.S. Supreme Court issues its unanimous Siegel v. Fitzgerald opinion. The question in that opinion is: whether fee increases for bankruptcy cases, that exempt cases filed in Alabama and North Carolina, are permissible under the U.S. Constitution clause requiring “uniform Laws on the subject of Bankruptcies”; and if not,... Continue Reading →
Disparate styles (photo by Marilyn Swanson) By Donald L. Swanson Here’s my biggest bankruptcy shocker from 2023: the Third Circuit’s rationale for dismissing Johnson & Johnson’s bankruptcy. I’ll try to explain. Appalled I’m still appalled by the lack of concern, from the Third Circuit Court of Appeals in its dismissal opinion, over these disparities it describes... Continue Reading →
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