On Bankruptcy and Mediation
Blocked from moving forward (photo by Marilyn Swanson) By Donald L. Swanson You’d think it’s immoral or something—or at least it’s in violation of some constitutional principle of great and foundational importance . . . like due process or First Amendment or separation of powers. I’m talking about tort claimants being denied payments for their injuries,... Continue Reading →
London Tower Prison (Photo by Marilyn Swanson) By: Donald L Swanson A new Seventh Circuit Court of Appeals opinion[fn. 1] involves the motion of a federal inmate, who was also a Chapter 7 bankruptcy debtor, for compassionate-release under 18 U.S. § 3582(c)(1)(A). The new Seventh Circuit opinion denies the motion. Notably, the bankruptcy Debtor/Inmate is... Continue Reading →
By Donald L. Swanson There is a “need for mediation experts” and “some form of a mediation group in law firms, especially larger practices.” Dennis Klein, “The Case For Creating A Mediation Department At Your Firm,” Law360, 11/14/2017 [Footnote 1] In the article linked above, Mr. Klein says that most law firms “tout mediation experience” and... Continue Reading →
In danger of being stopped? (Photo by Marilyn Swanson) By: Donald L Swanson Question: What happens when a Chapter 7 debtor: fails to disclose the existence of claims against third parties; receives a Chapter 7 discharge and a closing of the Chapter 7 case; then, pursues the undisclosed claims by filing a lawsuit against the third... Continue Reading →
By: Donald L Swanson I’m serving on a Drafting Committee of the Uniform Law Commission for a uniform law on assignment for benefit of creditors (“ABC”). A draft of such a uniform law is coming together, with lots of input from many people and organizations. But we are always looking for more input. So, if you'd like to participate... Continue Reading →
Mens rea presumed? (Photo by Marilyn Swanson) By: Donald L Swanson Question: Must a jury instruction, in a fraudulent transfer lawsuit involving an alleged Ponzi scheme, require a mens rea finding of actual fraudulent intent? That’s a question addressed by the U.S. Ninth Circuit Court of Appeals in Kirkland v. Rund (In re EPD Investment Co.,... Continue Reading →
By: Donald L SwansonI’m serving on a Drafting Committee of the Uniform Law Commission for a uniform law on assignment for benefit of creditors (“ABC”). A draft of such a uniform law is coming together, with lots of input from many people and organizations. And we are always looking for more input! At one point, I’m... Continue Reading →
By: Donald L Swanson “A discharge under section 727, 1141, 1192 [Subchapter V], 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt— . . .” 11 U.S.C. § 523(a) (emphasis added). Bankruptcy courts applying the foregoing language in the early days of Subchapter V found such language to be clear and... Continue Reading →
Favoring (photo by Marilyn Swanson) By: Donald L Swanson A recent bankruptcy opinion[fn. 1] recites the following arbitration policies under the Federal Arbitration Act (“FAA”), based on an old U.S. Supreme Court opinion[fn. 2]: “The FAA is rooted in the notion that arbitration agreements are private contracts affecting commerce, creating a strong presumption in favor of... Continue Reading →
Abuse? (Photo by Marilyn Swanson) By: Donald L Swanson A new, bipartisan bankruptcy bill in the U.S. Senate purports, according to an official document, to: “deter the Texas Two-Step”; and “ensure injury victims have a chance to be heard in court.” In my lexicon, this bill already has three strikes against it and should be rejected. ... Continue Reading →
MEDIATBANKRY 