On Bankruptcy and Mediation
Keeping options open? (photo by Marilyn Swanson) By: Donald L Swanson We’ve all been there: when faced with alternative courses of action, we make a choice; but time and subsequent developments show we made the wrong choice. So, a hard-knocks rule is this: keep all options and alternatives open and viable for as long as possible;... Continue Reading →
Singapore By: Donald L. Swanson Most bankruptcy practitioners (me included) have no experience with Chapter 15 of the Bankruptcy Code, which deals with “Cross-Border Cases.” To say “Chapter 15” is, for many of us, like saying “Quantum Physics”: we know the general subject, but the details are a mystery. But . . . here is... Continue Reading →
Transforming (photo by Marilyn Swanson) By Donald L. Swanson A study report on mediators is, “Becoming the change we wish to see: The unexpected benefits of conflict resolution work,” by Susan Raines, published January 2018 in Conflict Resolution Quarterly, at 319-327. The author begins the study report like this: “Gather any group of mediators, ombuds, relief... Continue Reading →
Enforcing? (Photo by Marilyn Swanson) By Donald L. Swanson Is a confidentiality agreement in a state court settlement enforceable in a subsequent bankruptcy? That’s the issue in Meghji v. Casla Realty LLC (In re Celsius Network LLC), Adv.P. 24-04002 in SDNY Bankruptcy Court (decided October 17, 2024). The facts are unusual. Here’s what happened. Fraudulent Transfer... Continue Reading →
Reprinted with permission from the ABI Journal, Vol. XLIII, No. 9, September 2024. View the original publication here. Filing an involuntary bankruptcy petition as a petitioning creditor is a precarious action. The risks involved are intense, including potential liability for the debtor's costs, attorneys' fees, actual damages and punitive damages.1 To qualify as an involuntary... Continue Reading →
Direct discussions! By: Donald L. Swanson Allowing direct discussions between parties, when mediating a commercial case, can be an intimidating—and tricky—proposition. But it is effective when allowed . . . despite obvious concerns. Here are four concerns, about direct discussions between mediating parties, based on four goals of mediation: The first goal is to assure... Continue Reading →
A place for exercising police power? (Photo by Marilyn Swanson) By: Donald L Swanson (b) The filing of a [bankruptcy] petition . . . does not operate as a stay— . . . (4) . . . of the commencement or continuation of an action or proceeding by a governmental unit . . . to enforce... Continue Reading →
Dropping the hammer! (Photo by Marilyn Swanson) By: Donald L Swanson What happens when a Debtor goes through bankruptcy, gets a Chapter 7 discharge, believes a second mortgage on the homestead is gone, makes no payments thereon, and hears nothing for eleven years—then the hammer drops, with a lien foreclosure sale pending? That’s precisely the issue... Continue Reading →
A plan of action (photo by Marilyn Swanson) By: Donald L Swanson There are lots of well-run businesses. But even the best of them face risks, from time to time, that threaten their existence. Such risks often arise from events that can’t be foreseen, let alone controlled. When such risks become reality for a business, what... Continue Reading →
Overriding? (Photo by Marilyn Swanson) By: Donald L Swanson This new bankruptcy opinion denies a creditor’s Motion to compel arbitration: Samson v. The LCF Group, Inc. (In re Bridger Steele, Inc.), Adv. No. 2:24-ap-2003 in Montana Bankruptcy Court (decided September 30, 2024; Doc. 10). What follows is a summary of that opinion’s arbitration-denial analysis. Background The... Continue Reading →
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