On Bankruptcy and Mediation
The new Act By: Donald L Swanson Assignments for benefit of creditors (“ABCs”) and receiverships have been utilized effectively for centuries under the common law, side-by-side as separate and distinct and complementary remedies for liquidating assets. Differences Differences between the two are that: receiverships are a court-supervised process initiated by a creditor to dispossess the debtor... Continue Reading →
The wild west (photo by Grant Showalter-Swanson) By: Donald L Swanson When comparing proceedings under the Bankruptcy Code with receivership proceedings under state law, there is a similarity: both require intensive court supervision. And there is a huge difference: bankruptcy provides precise rules—lots of them—under an extensive Code and accompanying national and local rules and a... Continue Reading →
Built circa 1891 (photo by Marilyn Swanson) By: Donald L Swanson Here is an article from more than a century ago: Jacob Trieber, Abuses of Receiverships,” 37 Yale L.J. 275-279 (1909). What follows is a summary of that article. Receivership—A Judicial Remedy Receivership is a judicial remedy to preserve a fund or property from spoliation, waste... Continue Reading →
MEDIATBANKRY 