On Bankruptcy and Mediation
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 →
Making progress (photo by Marilyn Swanson) By: Donald L Swanson 2023 has been a good year for developing the law of Subchapter V through court rulings and opinions. Here are some of the highs and lows of that development. Working as Intended If 2023 shows us anything, it’s this: Subchapter V is working as intended. Subchapter... Continue Reading →
By Donald L. Swanson In 2022, the U.S. Supreme Court issues its unanimous Siegel v. Fitzgerald opinion. The question in that opinion is: whether fee increases for bankruptcy cases, that exempt cases filed in Alabama and North Carolina, are permissible under the U.S. Constitution clause requiring “uniform Laws on the subject of Bankruptcies”; and if not,... Continue Reading →
Disparate styles (photo by Marilyn Swanson) By Donald L. Swanson Here’s my biggest bankruptcy shocker from 2023: the Third Circuit’s rationale for dismissing Johnson & Johnson’s bankruptcy. I’ll try to explain. Appalled I’m still appalled by the lack of concern, from the Third Circuit Court of Appeals in its dismissal opinion, over these disparities it describes... Continue Reading →
A valuable and desirable place (photo by Marilyn Swanson) By: Donald L Swanson “Bankruptcy provides a valuable and desirable venue for the resolution of [mass tort] disputes” by: “ensuring equitable recovery for all tort claimants”; and “preventing many of the inefficiencies that otherwise result from races to the courthouse.” This quotation is from the Amicus Brief... Continue Reading →
A handshake? (Photo by Marilyn Swanson) By Donald L. Swanson The handshake, as a social ritual, has been around for a very long time. In days of olde, the handshake probably served a dual role: as a sign of peaceful greeting; and as a way to assure that the other person isn’t holding a dagger or... Continue Reading →
A coffee orchard: here's how it's done By: Donald L. Swanson There are many reasons to mandate mediation in certain circumstances. One is to improve the quality of justice. Another is to manage an expanding docket and burgeoning caseload. A third is to create a mediation culture where none currently exists. There are two ways to... Continue Reading →
MEDIATBANKRY 