On Bankruptcy and Mediation
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 →
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 →
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 →
By Donald L. Swanson I'm reading a U.S. circuit court's recent bankruptcy opinion that cites Stern v. Marshall, 564 U.S. 462 (2011). I'm startled by that and blurt out (to myself), "Who cites Stern anymore?!" and "Is Stern still a thing?!" and "I thought Stern has been narrowed to nearly nothing?!" And then I see... Continue Reading →
By: Donald L Swanson Oral arguments at the U.S. Supreme Court in Harrington v. Purdue Pharma L.P. happened on December 4, 2023. Here is a link to the official transcript of such arguments. My Impression I’ve read that transcript—and still don't know what the Court is going to do. But based on the comments/questions of the... Continue Reading →
By: Donald L Swanson In Purdue Pharma, the U.S. Supreme Court grants certiorari on this question: “Whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under Chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants’ consent” (emphasis... Continue Reading →
An old, long and relatively straight road (photo by Marilyn Swanson) By: Donald L Swanson The absolute priority rule [Fn. 1] has been a problem for businesses in bankruptcy—for a very long time! The rule dates back to at least 1899, when the U.S. Supreme Court prevents certain shareholder actions “until the interests of unsecured creditors... Continue Reading →
From Official Comment to Fed.R.Bankr.P. 9035 By: Donald L Swanson This isn’t going to end well. Looks like our bankruptcy system in these United States is about to take a big hit—to the tune of hundreds of millions of dollars (projected to be around $350 million). And those responsible for creating the debacle are going to... 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 →
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