On Bankruptcy and Mediation
By: Donald L Swanson Amendments to the Uniform Commercial Code are receiving widespread acceptance in a large number of state legislatures, across party lines and as an apolitical and nonpartisan piece of legislation. That’s as intended and expected. Until now. Apparently, there is a newly-found concern that the definition of “money” in these Amendments does three... Continue Reading →
By: Donald L Swanson Q. “Your boss is quite a card player, Kelly. How does he do it?” A. “He cheats.” --From, “The Sting.” An essay [Fn. 1] explores the cheating exploits of a London-area grocer from back in the early 1600s. In particular, it explores this question: --How did he get away with it? Francis... Continue Reading →
Honest and unfortunate (photo by Marilyn Swanson) By: Donald L Swanson The U.S. Supreme Court does not like bankruptcy benefits for individual debtors. It really doesn’t. An example from a couple years ago is Fulton v. City of Chicago, where the U.S. Supreme Court finds a way to declare: an impound lot refusing debtor’s demand to... Continue Reading →
Painting over? (Photo by Marilyn Swanson) By: Donald L Swanson Can a corporate debtor be denied a Subchapter V discharge under § 523(a), despite this § 523(a) language (emphasis added): “A discharge under section . . . 1192 [Subchapter V] . . . does not discharge an individual debtor from . . . ”? A recent... Continue Reading →
NCAA (photo by Marilyn Swanson) By: Donald L Swanson The National Collegiate Athletic Association (“NCAA”) and its member schools have not fared well in court. They tend to lose . . . a lot. And their loosing streak continues. The latest loss is in a lawsuit filed on November 6, 2019, as Johnson v. The National... Continue Reading →
By: Donald L Swanson Proposed amendments to the Uniform Commercial Code are being introduced, during January and February of 2023, as bills in state legislatures across the land. The Uniform Commercial Code (“UCC”) has been enacted, in some form, by all fifty of the United States and by the District of Columbia. The UCC: deals with... Continue Reading →
The first of its kind? (photo by Marilyn Swanson) By: Donald L Swanson The U.S. Supreme Court issues its first-ever opinion—of any type—on August 3, 1791. [Fn. 1] But it does not address a bankruptcy question for quite some time thereafter. In fact, the first U.S. law on the subject of bankruptcy did not exist until... Continue Reading →
This did not end well (photo by Marilyn Swanson) By: Donald L Swanson Here’s a hard-knocks rule: When you can’t or won’t explain the true reason for taking a position in negotiations or litigation, distrust and suspicion of the worst-possible motives will follow. An Exhibit A for this rule is an opinion issued February 9, 2023,... Continue Reading →
Three out of four? By: Donald L Swanson “Consistently, the highest percentage of filings in the federal docket is bankruptcy cases, which can be up to 75% of filings.” That’s a conclusion by the authors of a 2014 study.[Fn. 1] Bankruptcy-Specific Here are bankruptcy-specific details and explanations from that same study: The number of bankruptcy cases... Continue Reading →
Tribal sovereignty (photo by Marilyn Swanson) By: Donald L Swanson On January 13, 2023, the U.S. Supreme Court grants the Petition for a writ of certiorari in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, Supreme Court Case No. 22-227, and on January 31, 2023, the Supreme Court enters this order therein: "Set... Continue Reading →
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