On Bankruptcy and Mediation
https://youtu.be/LeDRrRnSxP8?si=2WjQ-6DxDGj5y3Hy By Donald L. Swanson Hon. Michael B. Kaplan is Chief Bankruptcy Judge for the U.S. Bankruptcy Court in New Jersey. Beginning with his appointment as Bankruptcy Judge in 2006, and throughout his judicial career, Judge Kaplan has presided over many complex bankruptcy cases—both large and small. Because of that experience, Judge Kaplan sees a need... Continue Reading →
Showing contempt? (Photo by Marilyn Swanson) By: Donald L Swanson Can the contempt remedy for a creditor’s violations of the discharge injunction in multiple bankruptcy cases throughout the land be imposed in a class action lawsuit? The answer from the First Circuit Court of Appeals is, “No” (see this linked opinion); and On January 8, 2023,... Continue Reading →
Allowing traffic to pass through (photo by Marilyn Swanson) By: Donald L Swanson Every now and then, the U.S. Supreme Court takes an arbitration case. And it almost always rules in favor of arbitration over litigation. Fortunately, the Supreme Court has, thus far, let arbitration vs. bankruptcy questions pass through without granting certiorari. Presumably, letting them pass... Continue Reading →
February 3, 2002, Super Bowl By Donald L. Swanson Here’s an impression: the general populace in these United States have no understanding, whatsoever, of the risks that every business faces. That lack of understanding is especially true as to larger businesses with the appearance of profitability and success. Comparison Story But there’s a fascinating comparison story... Continue Reading →
All are included (photo by Marilyn Swanson) By: Donald L Swanson Here’s a due process question that’s percolating before the U.S. Supreme Court and a related mediation issue: The due process question is whether an insurer who must fund a mass tort bankruptcy plan is a “party in interest” that’s entitled to appear and be heard... Continue Reading →
Deprived of usefulness (photo by Marilyn Swanson) By Donald L. Swanson An appellate court is deprived of continuing jurisdiction over an appeal once the disputing parties reach a settlement. There’s nothing remarkable about that proposition. But what's interesting is: the technical, legal and constitutional foundation behind that proposition; which is provided by the U.S. Court of... Continue Reading →
Placing limitations upon (Photo by Marilyn Swanson) By: Donald L Swanson A helpful analysis of statute of limitations issues for fraudulent transfer claims brought by a bankruptcy trustee under § 544(a)&(b) is provided in a recent Circuit opinion. The opinion is Lewis v. Takacs (In re Stone Pine Investment Banking, LLC), Case No. 21-1423, U.S. Tenth... Continue Reading →
Can’t make this view up! (Photo by Marilyn Swanson) By Donald L. Swanson You can’t make this stuff up. The legal issues are pedestrian. But the facts behind those issues are incredible! Litigation History Here’s the boring stuff first. On January 8, 2024, the U.S. Supreme Court denies certiorari in Mann v. LSQ Funding Group, L.C.... Continue Reading →
A retrospective look (photo by Marilyn Swanson) By Donald L. Swanson Oral arguments happened on January 9, 2024, at the U.S. Supreme Court in U.S. Trustee v. Hammons. Here is a link to the transcript of those arguments. The Hammons question is this: what’s the proper remedy for unconstitutionality of lesser fees charged by bankruptcy courts... Continue Reading →
Uniformity (photo by Marilyn Swanson) By: Donald L Swanson 2023 is the year that the need for a uniform state law on assignments for benefit of creditors became obvious. And a Drafting Committee at the Uniform Law Commission began working in 2023 to create such a law. Here are some of the reasons why the need... Continue Reading →
MEDIATBANKRY 