On Bankruptcy and Mediation
By Donald L. Swanson It’s been 40 years since enactment of the Bankruptcy Code [Fn. 1]. And the Code has been highly effective in many contexts. But the Bankruptcy Code is, and always has been, inadequate for the needs of small businesses and entrepreneurs in financial stress. Congress needs to address this deficiency. What Works &... Continue Reading →
By: Donald L. Swanson New bankruptcy legislation to help small businesses and entrepreneurs, titled the “Small Business Reorganization Act (SBRA),” is wending its way through the U.S. Senate. This piece of legislation is long over-due and should be enacted with all due haste. Here are some reasons why. Mom & Pop Businesses Have the Same Bankruptcy... Continue Reading →
By Donald L. Swanson During the entire existence of the Bankruptcy Code (enacted in 1978), Chapter 11 rules have been essentially the same for large and small businesses. General Motors, for example, is governed by the same Chapter 11 bankruptcy rules that govern every small Mom & Pop enterprise. I've always thought this same-treatment to... Continue Reading →
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