On Bankruptcy and Mediation
Conflict (photo by Marilyn Swanson) By: Donald L Swanson We have a direct statutory conflict: one statute requires an ERISA dispute to be resolved in arbitration; but a bankruptcy statute requires the same dispute to be resolved in bankruptcy. Which statute should prevail? The bankruptcy statute, of course. That’s the conclusion of In re Yellow Corp.[Fn.... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the seventh in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether the $7,500,000 debt cap for Subchapter V eligibility should remain... Continue Reading →
By: Donald L Swanson Before the U.S. Supreme Court on a Petition for writ of certiorari is United States v. Miller, Case No. 23-824 (“Distributed for Conference of 6/13/2024”). In United States v. Miller, a Chapter 7 Trustee obtains a fraudulent transfer judgment under 11 U.S.C. § 544(b) against the Internal Revenue Service to recover two... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the sixth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether a Subchapter V trustee should act as a mediator.[Fn. 1]... Continue Reading →
Inherent power (Photo by Marilyn Swanson) By Donald L. Swanson “[O]rdering mandatory mediation is a proper exercise of a district Court’s inherent power.” That’s the “core holding” of the U.S. First Circuit Court of Appeals in its In re Atlantic Pipe Corp. opinion.[Fn.1] What follows is a summary of that opinion. Facts The dispute is over... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the fifth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether § 523(a) discharge exceptions apply only to individuals or also... Continue Reading →
Telling a tall tale (photo by Marilyn Swanson) By: Donald L Swanson “Subchapter V relieves small business debtors from the absolute priority rule.”[Fn. 1] This was the excuse for a contorted grammatical interpretation, against the debtor, of a Subchapter V statute by the Fifth Circuit Court of Appeals. The Fourth Circuit Court of Appeals gives the... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the fourth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether a plan should be confirmed as consensual or as non-consensual... Continue Reading →
It means what it says (photo by Marilyn Swanson) By: Donald L Swanson The opinion is In re Packet Construction, LLC, Case No. 23-10860 in the Western Texas Bankruptcy Court (issued April 30, 2024, Doc. 103). Subchapter V Issue & Ruling Here’s the issue raised by the Subchapter V Trustee’s plan objection and the Bankruptcy Court’s... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the third in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject in this article is: whether debtor’s attorney can be compensated for services performed after removal... Continue Reading →
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