Subchapter V Trustee’s Facilitation Role (Part 6)—DUTIES & INHERENT POWERS

Inherent power of ocean waves (Photo by Marilyn Swanson) By: Donald L Swanson “(b) Duties.—The [Subchapter V] trustee shall— . . . (7)facilitate the development of a consensual plan of reorganization.” From 11 U.S.C § 1183(b)(7)(emphasis added). Facilitation is, by statute, a duty of every Subchapter V trustee—something a Subchapter V trustee must do.  But the nature and boundaries of the facilitation... Continue Reading →

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Proposed UCC Amendments: A Conservative Approach That Preserves And Restores Prior Law

By: Donald L Swanson Misunderstandings happen. That’s especially true of the proposed amendments to the Uniform Commercial Code.  Misunderstandings about the proposed amendments are understandable because: the amendments have lots of words; the subject matter is complex, dealing with the intersection of commercial law, high-technology and crypto-currency; and of necessity, the amendments are the creation of... Continue Reading →

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Subchapter V Trustee’s Facilitation Role (Part 5)—INVESTIGATION DUTIES

Facilitating investigation (Photo by Marilyn Swanson) By: Donald L Swanson “(b) Duties.—The [Subchapter V] trustee shall— . . . (7)facilitate the development of a consensual plan of reorganization.” From 11 U.S.C § 1183(b)(7)(emphasis added). Facilitation is, by statute, a duty of every Subchapter V trustee—something a Subchapter V trustee must do.  But the nature and boundaries of... Continue Reading →

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Perpetuating A Bad Homestead Exemption Rule at U.S. Supreme Court (Wells v. McCallister)

Vanishing? By: Donald L Swanson “Notwithstanding the court of appeals’ error, this case does not warrant this Court’s review.” Recommendation in Solicitor General’s Amicus Brief (at 16) at U.S. Supreme Court in Wells v. McCallister, filed 3/29/2023 in No. 21-1448 In response to this recommendation by the Solicitor General, the U.S. Supreme Court denies Wells’s Petition... Continue Reading →

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Subchapter V Trustee’s Facilitation Role (Part 4)—A CITY OF DETROIT MODEL

Facilitating cultural preservation (Photo by Marilyn Swanson) “(b) Duties.—The [Subchapter V] trustee shall— . . . (7)facilitate the development of a consensual plan of reorganization.” From 11 U.S.C § 1183(b)(7)(emphasis added). Facilitation is, by statute, a duty of every Subchapter V trustee—something a Subchapter V trustee must do.  But the nature and boundaries of the facilitation... Continue Reading →

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College Sports: NIL & Bankruptcy?

College athletics (Photo by Marilyn Swanson) By: Donald L Swanson There is an entirely-new group of rich people: well . . . they aren’t actually rich, compared to the truly rich; but compared to most of their peers, they are fabulously rich. NIL Benefits The entirely-new group consists of high-end college athletes.  They are a newly... Continue Reading →

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Subchapter V Trustee’s Facilitation Role (Part 3)—A BANKRUPTCY MODEL

Facilitating an adventure (Photo by Marilyn Swanson) By: Donald L Swanson “(b) Duties.—The [Subchapter V] trustee shall— . . . (7)facilitate the development of a consensual plan of reorganization.” From 11 U.S.C § 1183(b)(7)(emphasis added). Facilitation is, by statute, a duty of every Subchapter V trustee—something a Subchapter V trustee must do.  But the nature and boundaries... Continue Reading →

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Debtors In Possession May Be Sued “Without Leave Of The Court”?! (28 U.S.C. § 959(a), East Coast, & In re Crown)

Ending in a narrow point (photo by Marilyn Swanson) By: Donald L Swanson “Learn something new every day,” is a well-worn adage.  And it’s mostly true (I only question giving a literal meaning to the “every day” part). Nevertheless, I’m embarrassed to acknowledge learning only recently of the existence of a noteworthy, bankruptcy-related statute: 28 U.S.C.... Continue Reading →

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Subchapter V Trustee’s Facilitation Role (Part 2)—NOT MEDIATION  

Facilitating safety and relaxation (Photo by Marilyn Swanson) By: Donald L Swanson “(b) Duties.—The [Subchapter V] trustee shall— . . . (7)facilitate the development of a consensual plan of reorganization.” From 11 U.S.C § 1183(b)(7)(emphasis added). Facilitation is, by statute, a duty of every Subchapter V trustee—something a Subchapter V trustee must do.  But the nature and... Continue Reading →

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Congress Needs To Expand § 524(g) To Protect Future Claimants In Mass-Tort Cases (In re Aearo & In re Imerys)

The beginning of § 524(g) By: Donald L Swanson “Were Congress to . . . intervene and expand § 524(g) beyond asbestos cases, bankruptcy would become a more suitable alternative for resolving mass tort cases. Until then, such cases will likely remain problematic under the Code in the face of creditor opposition.” From “Order Dismissing Bankruptcy... Continue Reading →

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