On Bankruptcy and Mediation
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 →
A winding path (photo by Marilyn Swanson) By: Donald L Swanson There is a lesson for all debtor attorneys in the Chapter 7 case of In re Aquilino.[Fn. 1] The moral of the In re Aquilino story is this: a little carelessness in describing and disclosing bankruptcy fees in a Chapter 7 case can create big... 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 second in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether future rents should be included in the debt cap calculation... Continue Reading →
Subject matter jurisdiction? (Photo by Marilyn Swanson) By: Donald L Swanson Delaware’s Court of Chancery has no subject matter jurisdiction over an assignment for benefit of creditors proceeding when the debtor/assignor is an Illinois corporation with no assets or operations in Delaware, even when its ABC assignee/trustee is from Delaware. That’s the decision of Delaware’s Court... 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 first in a series that summarizes and condenses the Task Force’s Final Report into “a nutshell.” This article: provides background information and data on Subchapter V.[Fn. 1] Overall The Task Force undertook... Continue Reading →
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