On Bankruptcy and Mediation
Tribal sovereignty (photo by Marilyn Swanson) By: Donald L Swanson On January 13, 2023, the U.S. Supreme Court grants the Petition for a writ of certiorari in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, Supreme Court Case No. 22-227, and on January 31, 2023, the Supreme Court enters this order therein: "Set... Continue Reading →
Some call it theft (photo by Marilyn Swanson) By: Donald L Swanson Cruelty prevails, for now, in Hennepin County, Minnesota—with approval from the Eighth Circuit Court of Appeals. The case is Tyler v. Hennepin County, Minnesota.[Fn. 1] Get this. Hennepin County: confiscates the home of 93-year-old Geraldine Tyler to pay a $15,000 property tax bill; sells... Continue Reading →
Projected v. Actual (photo by Marilyn Swanson) By: Donald L Swanson The phrase “projected disposable income” is a plan confirmation standard in all reorganization chapters of the Bankruptcy Code for individuals and businesses: Chapter 11—in § 1129(a)(15); Subchapter V—in § 1191(c)(2); Chapter 12—in § 1225(b)(1); and Chapter 13—in § 1325(b)(1). Inexplicably, three courts (two bankruptcy... Continue Reading →
Grab what you can get? (photo by Marilyn Swanson) By: Donald L Swanson Remember the old saying, “Grab what you can get, when you can get it”? Well . . . that old saying is now the federal law of the land, applying exclusively to bankruptcy laws in Alabama and North Carolina. Here’s how. Congress imposed... Continue Reading →
A bankruptcy courtroom By: Donald L Swanson Bankruptcy benefits for individual debtors are a tough sell—always have been. That’s because no one likes bankruptcy—unless they need it. But relieving people from debts in unfortunate circumstances is essential to our collective way of life in these United States. That’s always been true. What follows is the third... Continue Reading →
An early-days U.S. courtroom (photo by Marilyn Swanson) By: Donald L Swanson Bankruptcy benefits for individual debtors are a tough sell—always have been. That’s because no one likes bankruptcy—unless they need it. But relieving people from debts in unfortunate circumstances is essential to our collective way of life in these United States. That’s always been true.... Continue Reading →
Ancient Athens (photo by Marilyn Swanson) By: Donald L Swanson Bankruptcy benefits for individual debtors are a tough sell—always have been. That’s because no one likes bankruptcy—unless they need it. But relieving people from debts in unfortunate circumstances is essential to our collective way of life in these United States. That’s always been true. What follows... Continue Reading →
Fiduciary capacity? (Photo by Marilyn Swanson) By: Donald L Swanson A bankruptcy discharge “does not discharge an individual debtor from any debt-- . . . for fraud or defalcation while acting in a fiduciary capacity.” 11 U.S.C. § 523(a)(4). The effect of this “fiduciary capacity” statute is newly before the U.S. Supreme Court on a petition... Continue Reading →
Precedent for today’s cell phones? By: Donald L Swanson Here are a couple long-standing and foundational policies for the entire bankruptcy system: Bankruptcy laws protect the honest but unfortunate debtor; and Discharge exceptions are to be strictly construed against the objecting creditor and liberally construed in favor of debtor. So, for all my decades of practice... Continue Reading →
A trickster? (Photo by Marilyn Swanson) By: Donald L Swanson The case before the U.S. Supreme Court is MOAC Mall Holdings LLC v. Transform Holdco LLC, Case No. 21-1270. The bankruptcy question upon which the U.S. Supreme Court granted certiorari is this: Whether § 363(m) limits the appellate courts’ jurisdiction over any sale order or order... Continue Reading →
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