On Bankruptcy and Mediation
By Donald L. Swanson I’m mediating a bankruptcy valuation dispute between a bank secured creditor and debtor. The asset is a building in need of repair. The dispute has been pending for a short while, and a hearing on declaration evidence is to occur soon. During the mediation, the banker says: “We need to see... Continue Reading →
By: Donald L. Swanson Sometimes “a slugfest” must occur “before people get serious” about settlement possibilities. This is definitely true in the Archdiocese of Milwaukee bankruptcy. So says James I. Stang, attorney for the Official Creditors Committee in that case—and in at least a half-dozen additional cases of a similar nature. The Archdiocese of Milwaukee "slugfest"... Continue Reading →
By Donald L. Swanson Let’s start by acknowledging that Argentina’s road from a $100 billion debt default in 2002 to a final mediated resolution in 2016 has been long and complex and difficult. The road began during an economic crisis, reached partial resolutions in 2005 and 2010, and achieved a final mediated-resolution in 2016. During... Continue Reading →
Action Item. At every significant development in a bankruptcy case, beginning at its earliest stages, parties should consider whether a mediation process might be helpful immediately in resolving remaining disputes. #bankruptcy #mediation #bankruptcymediation
By Donald L. Swanson "You can't fight every battle all the time," and "You have to get as many settlements as you can—as fast as you can." These are truisms for debtor's bankruptcy counsel. In a Chapter 11 case, the debtor's best-interest is to identify resolvable disputes promptly, get each of them settled as quickly... Continue Reading →
By: Donald L. Swanson The distressed debtor is the Republic of Argentina. Ok .. . so not everyone gets to handle a case of this magnitude. But, as for $8 billion in cash settlement payments and $100 billion in total defaults . . . it's merely a matter of locating the decimal point in a... Continue Reading →
"As a workplace mediator for over 25 years I look forward to you continuing your series. Interesting to find out if your thoughts apply to my area as well. Thanks, Don" Thornton Mason National Director -- Workplace Mediation
By Donald L. Swanson By mid-November 2015, the Archdiocese of Milwaukee has been battling its sex abuse claimants in Bankruptcy Court for nearly five years. The fight has been tough: described as "scorched earth." The Archdiocese has been fighting to limit payouts on sex abuse claims to the low single-digits of millions of dollars. But... Continue Reading →
By: Donald L. Swanson A Bankruptcy Court Judge is concerned about “leaks of sensitive, non-public information concerning the bidding process and mediation.” The bankruptcy case is In re Molycorp, Inc. (Case No. 15-11357 in the District of Delaware). A "Leaks" Problem The Bankruptcy Judge identifies three Bloomberg articles authored by Jodi Xu Klein and others... Continue Reading →
By Donald L. Swanson Action Item. Before blindly following a one-and-done mediation model from non-bankruptcy cases, we need to consider how each bankruptcy mediation might differ from non-bankruptcy contexts. #bankruptcy #mediation #bankruptcymediation
MEDIATBANKRY 