Subchapter V Eligibility: Engaged In “Activities,” Not “Operations” (In re Offer Space)

  Activity (Photo by Marilyn Swanson) By: Donald L Swanson A recent Bankruptcy Court opinion, In re Offer Space, LLC, [fn. 1] adds an important statutory distinction to the “engaged in” criterion analysis for Subchapter V eligibility, under § 1182(1)(A). The distinction is this (emphasis added): § 1182(1)(A) refers to a person “engaged in commercial or... Continue Reading →

Judge Rosen: On Mediation In City Of Detroit Bankruptcy (Part III, Getting The Funds)

https://youtu.be/Nzwt4vdHj70 By: Donald L Swanson Hon. Gerald E. Rosen (Ret.) serves as mediator, arbitrator and neutral evaluator in high-level business cases for the JAMS office in Detroit.   Previously, Judge Rosen served as Chief Judge of the U.S. District Court for the Eastern District of Michigan, when the City of Detroit filed its Chapter 9 bankruptcy.  Shortly thereafter,... Continue Reading →

Student Loans: U.S. Supreme Court Can Overrule A Harsh Rule (McCoy v. U.S.)

Brunner's "certainty of hopelessness" test? (photo by Marilyn Swanson) By: Donald L Swanson One of the human tragedies of our time is this legal opinion: Brunner v. New York State Higher Education Services Corp., 831 F.2d 395 (2d Cir. 1987). Brunner creates a three-part test for discharging student loans in bankruptcy, under the “undue hardship” standard... Continue Reading →

Judge Rosen: On Mediation In City Of Detroit Bankruptcy (Part II, The Concept & The Human Element)

https://youtu.be/k9xKjDz1IfM By: Donald L Swanson Hon. Gerald E. Rosen (Ret.) serves as mediator, arbitrator and neutral evaluator in high-level business cases for the JAMS office in Detroit.   Previously, Judge Rosen served as Chief Judge of the U.S. District Court for the Eastern District of Michigan, when the City of Detroit filed its Chapter 9 bankruptcy.  Shortly thereafter,... Continue Reading →

Alabama & North Carolina — A Bankruptcy World Of Their Own (USA Sales v. U.S. Trustee)

By: Donald L Swanson Alabama and North Carolina are interesting places. But in the world of bankruptcy, Alabama and North Carolina are truly special—seriously!! These two states have carved out a bankruptcy world of their own—a world that’s different from every other state and all the territories in the Union!  How they did it, is undoubtedly... Continue Reading →

Judge Rosen: On Mediation In City Of Detroit Bankruptcy (Part I, Getting Started!)

https://youtu.be/A0tM0kUr5Cc By: Donald L Swanson Hon. Gerald E. Rosen (Ret.) serves as mediator, arbitrator and neutral evaluator in high-level business cases for the JAMS office in Detroit.   Previously, Judge Rosen served as Chief Judge of the U.S. District Court for the Eastern District of Michigan, when the City of Detroit filed its Chapter 9 bankruptcy. ... Continue Reading →

Subchapter V Eligibility: “Engaged In” is NOT Modified By “Petition Date”!

Opposing views (photo by Marilyn Swanson) By: Donald L Swanson To be eligible for Subchapter V relief, the debtor must be “a person engaged in commercial or business activities” (§ 1182(1)(a)). Opposing Views Opposing views are developing on how this “engaged in” criterion should be applied.  One view says, (i) nothing requires a debtor to be... Continue Reading →

Mediating With Department Of Justice Of The U.S. Government: A Study

U.S. Government (photo by Marilyn Swanson) By: Donald L Swanson We are focusing, here, on a mediation study titled, “Dispute Resolution and the Vanishing Trial: Comparing Federal Government Litigation and ADR Outcomes” (the "Vanishing Trial Study"). [Fn. 1] Some History & A Hypothesis A 2006 publication titled, “A World Without Trials,” documents a decline in the... Continue Reading →

“Safe Harbor”: Merit Management’s Footnote 2 Is Back! (Deutsche v. McCormick)

Safe harbor (photo by Marilyn Swanson) By: Donald L Swanson In its unanimous Merit Management Group, LP v.FTI Consuting, Inc., opinion of February 27, 2018, the U.S. Supreme Court held (in the second-to-last sentence of the opinion): “Because the parties do not contend that either Valley View or Merit is a ‘financial institution’ or other covered... Continue Reading →

Prof. Mann: On Bankruptcy And The U.S. Supreme Court (An Interview)

https://youtu.be/g1NZFVfJ98k Prof. Mann discussing "Bankruptcy and the U.S. Supreme Court" By: Donald L Swanson Ronald J. Mann is the “Albert E. Cinelli Enterprise Professor of Law” and co-director of the “Charles Evans Gerber Transactional Studies Center” at Columbia Law School.  Prof. Mann is a nationally recognized scholar in bankruptcy and related areas of law.  His prior... Continue Reading →

Blog at WordPress.com.

Up ↑

%d bloggers like this: