Fallout And Follow-Up From Siegel v. Fitzgerald

Fallout and follow-up? (Photo by Marilyn Swanson) By: Donald L Swanson In its Siegel v. Fitzgerald opinion, the U.S. Supreme Court declares that disparate quarterly fee amounts between U.S. Trustee and Bankruptcy Administrator districts are unconstitutional, under the uniformity requirement of the U.S. Constitution’s bankruptcy clause. The most recent fallout from that opinion is the following... Continue Reading →

How the Common Law Of ABCs And Bankruptcy Work Together (In re Computer World)

Working together? (Photo by Marilyn Swanson) By: Donald L Swanson Illinois follows the common law of assignments for benefit of creditors (“ABC”): a non-judicial, trust-like process for liquidating a failed business.  That ABC process can work, hand-in-hand, with the Bankruptcy Code.  The case of In re Computer World Solutions, Inc., Case No. 07-21123, Northern Illinois Bankruptcy... Continue Reading →

Subchapter V Trustee’s Right To “Appear And Be Heard”: Duties v. Powers

Appearing and being heard? (Photo by Marilyn Swanson) By: Donald L Swanson Back in Subchapter V’s early days, I’m serving as Trustee in a Subchapter V case.  In that case: One of the parties files a motion, to which I file a written response.  The motion has nothing to do with any of the four topics... Continue Reading →

Effective Mediation in Sri Lanka

Sri Lanka on the map By: Donald L Swanson Mediation has occurred for centuries—and millennia—in various forms, all across the world. What follows is a summary of information on the effective use of mediation in today’s Sri Lanka.[Fn. 1] Legal Framework Sri Lanka has a history of mediation, running back to the times of ancient kingdoms,... Continue Reading →

Many ABC Statutes Have Really-Cool Provisions–But Are Rarely Used (A Uniform Trust Code Remedy)

Really-cool but rarely used (photo by Marilyn Swanson) By: Donald L Swanson There are lots of state statutes out there on assignments for benefit of creditors (“ABC”) with really-cool provisions.  But the problem with those really-cool provisions is this: they are rarely used.    Put plainly: a failing businesses needs to shut its business down efficiently... Continue Reading →

Bankruptcy Judge = A Mediator in the Judge’s Own Court: An Old and Meritorious Idea

By: Donald L Swanson Many years ago, back when mediation is a rarity in bankruptcy disputes, I asked an old-timer this question: Why is the bankruptcy system a lagging adopter of mediation?” A Surprising Answer The old-timer gave this surprising answer: “At the time of the Bankruptcy Code's enactment, the bankruptcy judge was viewed as a... Continue Reading →

Fighting To Get Into Subchapter V (In re Ventura)

Persistence through adversity (photo by Marilyn Swanson) By: Donald L Swanson You’ve gotta admire the Debtor in In re Deirdre Ventura. Debtor has been fighting to save a Bed and Breakfast business through bankruptcy: beginning in 2018 with a regular Chapter 11, and then struggling to get into Subchapter V. Debtor's is a you-can’t-make-this-stuff-up story of... Continue Reading →

Why A Uniform ABC Law Is Needed

Screwdriver v. Hammer By: Donald L Swanson Assignment for benefit of creditors (“ABC”) has existed for centuries under the common law of England and the United States.  And the ABC process has worked well under that common law! ABC Function ABC has been an effective tool in the toolbox of debtor and creditor remedies for resolving... Continue Reading →

When ABC Proceeding And Involuntary Bankruptcy Meet (In re Scandia)

Interrelationships? (Photo by Marilyn Swanson) By: Donald L Swanson The interrelationship between an assignment for benefit of creditors (“ABC”) proceeding and an involuntary bankruptcy filing, for the same debtor, is governed by various portions of the Bankruptcy Code.  But that relationship remains ill-defined, nonetheless. What follows is an attempt to summarize a bankruptcy court opinion dealing... Continue Reading →

Sanctions For Failing To Attend Mediation — Vacated And Remanded (Miller v. Midland)

A vacant seat at the mediation? (Photo by Marilyn Swanson) By: Donald L Swanson “We cannot glean whether the District Court’s outrage at Plaintiff’s attorneys stemmed from a belief that the attorneys acted in bad faith, or that they acted negligently.” --From Miller v. Midland Credit Management, Inc., Case No. 20-13390 (11th Cir., issued September 17,... Continue Reading →

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