On Bankruptcy and Mediation
A liquid plan? (Photo by Marilyn Swanson) By: Donald L Swanson Here’s a Bankruptcy Court opinion addressing a no-discharge claim under § 1141(d)(3) against an individual debtor who proposes a liquidating Subchapter V plan: RGW Construction, Inc. v. Lucido (In re Lucido), Adv. No. 21-4031, Northern California Bankruptcy Court (issued 9/13/2023, Doc. 113). The Issue... Continue Reading →
A starting point? (Photo by Marilyn Swanson) By: Donald L Swanson What rate of interest should a debtor pay under a bankruptcy plan? The Eighth Circuit Court of Appeals addresses this question in Farm Credit Services of America, FLCA v. Topp (In re Topp), Case No. 22-2577 (8th Cir., decided August 2, 2023; Petition for rehearing... Continue Reading →
No super-power here (Photo by Marilyn Swanson) By: Donald L Swanson Question Once a Subchapter V debtor is removed from possession under § 1185(a), what happens next? The answer to this question seems to have evolved over the few years of Subchapter V’s existence: from a low-power position for debtor, early-on; to a high-power position for... Continue Reading →
Enigmatic origins? (Photo by Marilyn Swanson) By: Donald L Swanson The equitable mootness doctrine is before the U.S. Supreme Court on a Petition for writ of certiorari. The case is U.S. Bank National Association v. Windstream Holdings, Inc.[Fn. 1] All who’ve seen an effort to abuse equitable mootness, from a creditor’s view, will appreciate the following... Continue Reading →
Rare and hard to get? (Photo by Marilyn Swanson) By: Donald L Swanson Here’s my take on third-party releases in a bankruptcy plan [not that anyone asked]: third-party releases should be rare and hard-to-get; but in exceptional circumstances (i.e., when a third-party release is needed to get lots of money to claimants quickly under a plan,... Continue Reading →
Inherent power of ocean waves (Photo by Marilyn Swanson) By: Donald L Swanson “(b) Duties.—The [Subchapter V] trustee shall— . . . (7)facilitate the development of a consensual plan of reorganization.” From 11 U.S.C § 1183(b)(7)(emphasis added). Facilitation is, by statute, a duty of every Subchapter V trustee—something a Subchapter V trustee must do. But the nature and boundaries of the facilitation... Continue Reading →
Facilitating investigation (Photo by Marilyn Swanson) By: Donald L Swanson “(b) Duties.—The [Subchapter V] trustee shall— . . . (7)facilitate the development of a consensual plan of reorganization.” From 11 U.S.C § 1183(b)(7)(emphasis added). Facilitation is, by statute, a duty of every Subchapter V trustee—something a Subchapter V trustee must do. But the nature and boundaries of... Continue Reading →
Vanishing? By: Donald L Swanson “Notwithstanding the court of appeals’ error, this case does not warrant this Court’s review.” Recommendation in Solicitor General’s Amicus Brief (at 16) at U.S. Supreme Court in Wells v. McCallister, filed 3/29/2023 in No. 21-1448 In response to this recommendation by the Solicitor General, the U.S. Supreme Court denies Wells’s Petition... Continue Reading →
College athletics (Photo by Marilyn Swanson) By: Donald L Swanson There is an entirely-new group of rich people: well . . . they aren’t actually rich, compared to the truly rich; but compared to most of their peers, they are fabulously rich. NIL Benefits The entirely-new group consists of high-end college athletes. They are a newly... Continue Reading →
Ending in a narrow point (photo by Marilyn Swanson) By: Donald L Swanson “Learn something new every day,” is a well-worn adage. And it’s mostly true (I only question giving a literal meaning to the “every day” part). Nevertheless, I’m embarrassed to acknowledge learning only recently of the existence of a noteworthy, bankruptcy-related statute: 28 U.S.C.... Continue Reading →
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