The Solvent Debtor and Post-Petition Interest on Unsecured Claims

The Fifth Circuit follows what it describes as “the monolithic mountain of authority” in holding that the Bankruptcy Code—not the reorganization plan—defines the limits of claims.

Do We Ask And Expect Too Much From Mediation? (A Fourth Circuit Mediation Order)

By Donald L. Swanson Sometimes, mediation is asked and expected to do a lot. And sometimes mediation is asked and expected to do more than it can actually perform: i.e., many puzzles and problems defy solution. A new mediation order out of the U.S. Fourth Circuit Court of Appeals asks and hopes for a lot from... Continue Reading →

Multi-Party Mediation: A Time Problem & A Solution

The mediator spends a half-hour with each party to discuss initial positions—from 9:30 a.m. to 11:30 a.m. It’s now nearly lunchtime, we’ve only just begun, and time is already getting short.

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