On Bankruptcy and Mediation
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the seventh in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether the $7,500,000 debt cap for Subchapter V eligibility should remain... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the sixth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether a Subchapter V trustee should act as a mediator.[Fn. 1]... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the fifth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether § 523(a) discharge exceptions apply only to individuals or also... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the fourth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether a plan should be confirmed as consensual or as non-consensual... Continue Reading →
It means what it says (photo by Marilyn Swanson) By: Donald L Swanson The opinion is In re Packet Construction, LLC, Case No. 23-10860 in the Western Texas Bankruptcy Court (issued April 30, 2024, Doc. 103). Subchapter V Issue & Ruling Here’s the issue raised by the Subchapter V Trustee’s plan objection and the Bankruptcy Court’s... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the third in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject in this article is: whether debtor’s attorney can be compensated for services performed after removal... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the second in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether future rents should be included in the debt cap calculation... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the first in a series that summarizes and condenses the Task Force’s Final Report into “a nutshell.” This article: provides background information and data on Subchapter V.[Fn. 1] Overall The Task Force undertook... Continue Reading →
Compensation for late service? (Photo of a famous painting) By: Donald L Swanson Debtor’s Chapter 11 counsel cannot be compensated for services performed after a trustee is appointed and the debtor removed from possession. That’s the rule of law in the Fifth Circuit and in a not-for-publication decision of the Ninth Circuit’s Bankruptcy Appellate Panel, based... Continue Reading →
Unconventional and impotent (photo by Marilyn Swanson) By: Donald L Swanson When a Subchapter V debtor is removed from possession under § 1185(a), what can the Subchapter V trustee do with debtor’s assets and operations? Duties, Rights, Powers and Functions Under § 1184, certain duties of a trustee are delegated to the Subchapter V debtor, “including... Continue Reading →
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