Oddities at U.S. Supreme Court Continue in Oral Arguments on U.S. Bank v. Lakeridge

By:  Donald L. Swanson The U.S. Supreme Court has already dismissed one bankruptcy appeal this term as “improvidently granted.”  This is an oddity. And it should have also dismissed U.S. Bank National Association v. Village at Lakeridge, Case No. 15-1509, for the same reason. Instead, the Court held oral arguments in the Lakeridge case on... Continue Reading →

A “Compelling Reason” for Mandating Mediation: to Advocate for its Use

By:  Donald L. Swanson “Studies show that parties who have entered mediation reluctantly still benefited from the process even though their participation was not voluntary.” D. Quek, Mandatory Mediation: An Oxymoron? Examining the Feasibility of Implementing a Court-Mandated Mediation Program, Cardozo Journal of Conflict Resolution, Vol 11:479, at 483 (Spring 2010). Dorcas Quek is arguing... Continue Reading →

Family Farmer Bankruptcy Clarification Act of 2017 is Enacted Into Law

By:  Donald L. Swanson Financially strapped farmers and their lenders finally get some much-needed bankruptcy tax relief. Normally, pre-bankruptcy income and capital gains tax claims have a priority and non-dischargeable status in bankruptcy. And the same taxes, when arising during bankruptcy, add an administrative claim status. Some Farm History Such normal rules had a devastating... Continue Reading →

A Futile Attempt at Ignoring Mediation Obligations

By:  Donald L. Swanson There’s a lawsuit now in progress in a Florida Federal Court over a local pub. The Pub Dispute Plaintiff claims to be "a franchisor” of “establishments” that sell “imported and domestic beers” and other products used in “a distinctive pub environment.” Plaintiff also claims to have “methods and procedures—a system—” that... Continue Reading →

How U.S. Tax Policies are Responsible for Puerto Rico’s Financial Crisis

By Donald L. Swanson Puerto Rico is dealing with the storms of financial disaster and a hurricane’s aftermath. Here is a false narrative about the financial storm: Forgiving Puerto Rico’s debt “would only free Puerto Rico’s politicians from having to address the policies that were suffocating its economy to begin with.” --Wall Street Journal Op. Ed.,... Continue Reading →

Mediating Parties on Their Mediators: Handing Out Reviews

By:  Donald L. Swanson What do mediating parties say about their mediators? That’s what Prof. Stephen B. Goldberg and Margaret L. Shaw wanted to know. So, they do a study and report on it back in 2008, as follow-up to a prior study.  And the mediating parties are more-than-happy to hand out reviews. Prior Study... Continue Reading →

We Need a Bankruptcy System for Small Businesses Without the Absolute Priority Rule: Two Alternatives

  By Donald L. Swanson During the entire existence of the Bankruptcy Code (enacted in 1978), Chapter 11 rules have been essentially the same for large and small businesses. General Motors, for example, is governed by the same Chapter 11 bankruptcy rules that govern every small Mom & Pop enterprise. I've always thought this same-treatment to... Continue Reading →

Private Mediators: A Solution to Budget Pressures on Circuit Court Mediation Programs

By: Donald L. Swanson The U.S. Circuit Courts of Appeals have, for many years, administered their own mediation programs for civil cases.  The administrators and mediators in such programs are, typically, Federal employees. Such mediation programs are also characterized, typically, by the following: --mandatory referral of cases to mediation with no-extra-charge for mediator services --mediation... Continue Reading →

Puerto Rico: Nonpartisan Bankruptcy Issues and Hurricane Maria’s Silver Lining

By Donald L. Swanson Imagine this: opposing political partisans singing Kumbayah together over bankruptcy issues and laws! It could happen. It’s because of this rule of thumb: --There is no political constituency for bankruptcy issues – such issues are nonpartisan and apolitical. Put another way, neither conservatives nor liberals nor moderates (nor any other political partisan)... Continue Reading →

Blog at WordPress.com.

Up ↑