On Bankruptcy and Mediation
No super-power here (Photo by Marilyn Swanson) By: Donald L Swanson Question Once a Subchapter V debtor is removed from possession under § 1185(a), what happens next? The answer to this question seems to have evolved over the few years of Subchapter V’s existence: from a low-power position for debtor, early-on; to a high-power position for... Continue Reading →
Enigmatic origins? (Photo by Marilyn Swanson) By: Donald L Swanson The equitable mootness doctrine is before the U.S. Supreme Court on a Petition for writ of certiorari. The case is U.S. Bank National Association v. Windstream Holdings, Inc.[Fn. 1] All who’ve seen an effort to abuse equitable mootness, from a creditor’s view, will appreciate the following... Continue Reading →
Rare and hard to get? (Photo by Marilyn Swanson) By: Donald L Swanson Here’s my take on third-party releases in a bankruptcy plan [not that anyone asked]: third-party releases should be rare and hard-to-get; but in exceptional circumstances (i.e., when a third-party release is needed to get lots of money to claimants quickly under a plan,... Continue Reading →
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 →
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 →
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 →
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 →
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 →
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 →
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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