At U.S. Supreme Court: Can A Government Get Away With Cheating A Property Owner In Tax Foreclosure? (Tyler v. Hennepin County)

Some call it theft (photo by Marilyn Swanson) By: Donald L Swanson Cruelty prevails, for now, in Hennepin County, Minnesota—with approval from the Eighth Circuit Court of Appeals. The case is Tyler v. Hennepin County, Minnesota.[Fn. 1]  Get this.  Hennepin County: confiscates the home of 93-year-old Geraldine Tyler to pay a $15,000 property tax bill; sells... Continue Reading →

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Third Circuit’s Choice Of Huge Disparities For Similarly Situated Claimants Is Inexplicable (Johnson & Johnson)

An inexplicable choice? (Photo by Marilyn Swanson) By: Donald L Swanson Johnson & Johnson (“J&J”) has, for a very long time, produced and sold a baby powder product containing talc—a mineral milled into fine powder that includes traces of asbestos. In recent years, that baby powder product has spawned a torrent of lawsuits alleging that it... Continue Reading →

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When “Projected Disposable Income” Means “Actual Disposable Income”—And How U.S. Supreme Court Disagrees

Projected v. Actual (photo by Marilyn Swanson) By: Donald L Swanson The phrase “projected disposable income” is a plan confirmation standard in all reorganization chapters of the Bankruptcy Code for individuals and businesses: Chapter 11—in § 1129(a)(15); Subchapter V—in § 1191(c)(2);          Chapter 12—in § 1225(b)(1); and Chapter 13—in § 1325(b)(1). Inexplicably, three courts (two bankruptcy... Continue Reading →

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Proposed Uniform Commercial Code Amendments—In State Legislatures Throughout The Land

By: Donald L Swanson Proposed 2022 amendments to the Uniform Commercial Code (“UCC”) are being introduced in state legislatures all across the land—providing the first major update to the Uniform Commercial Code in thirteen years. The proposed UCC amendments address emerging technologies and update commercial transaction rules on virtual currencies, artificial intelligence and other technologies. Most... Continue Reading →

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“Grab What You Can Get, When You Can Get It”: A New Bankruptcy Law Of The Land (Siegel v. U.S. Trustee Program)

Grab what you can get? (photo by Marilyn Swanson) By: Donald L Swanson Remember the old saying, “Grab what you can get, when you can get it”? Well . . . that old saying is now the federal law of the land, applying exclusively to bankruptcy laws in Alabama and North Carolina.  Here’s how.  Congress imposed... Continue Reading →

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Some Bankruptcy Law History: Debtor Benefits Are Always A Tough Sell (Part III, The Bankruptcy Code)

A bankruptcy courtroom By: Donald L Swanson Bankruptcy benefits for individual debtors are a tough sell—always have been.  That’s because no one likes bankruptcy—unless they need it. But relieving people from debts in unfortunate circumstances is essential to our collective way of life in these United States.  That’s always been true. What follows is the third... Continue Reading →

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Some Bankruptcy Law History: Debtor Benefits Are Always A Tough Sell (Part II, Early 1800s to 1978)

An early-days U.S. courtroom (photo by Marilyn Swanson) By: Donald L Swanson Bankruptcy benefits for individual debtors are a tough sell—always have been.  That’s because no one likes bankruptcy—unless they need it. But relieving people from debts in unfortunate circumstances is essential to our collective way of life in these United States.  That’s always been true.... Continue Reading →

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Some Bankruptcy Law History: Debtor Benefits Are Always A Tough Sell (Part I, Ancient Days to 1803)

Ancient Athens (photo by Marilyn Swanson) By: Donald L Swanson Bankruptcy benefits for individual debtors are a tough sell—always have been.  That’s because no one likes bankruptcy—unless they need it. But relieving people from debts in unfortunate circumstances is essential to our collective way of life in these United States.  That’s always been true. What follows... Continue Reading →

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Student Loan Problem: Statistics & A Failure To Acknowledge Reality

Ignoring reality? (photo by Marilyn Swanson) By: Donald L Swanson We have a student loans problem in these United States. A huge part of the problem is that we are, (i) focused on addressing symptoms of the problem in small ways, (ii) ignoring the underlying problem, and (iii) enabling higher education costs to spiral out of... Continue Reading →

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State Laws For Avoiding Insider Preferences (UVTA, UFTA & In re Lamie)

Little-known and rarely-used? (Photo by Marilyn Swanson) By: Donald L Swanson Preference avoidance provisions are a crucial part of the Bankruptcy Code—contained, primarily, in § 547 & § 550. States also have a preference avoidance statute—for insiders.  It’s in the Uniform Voidable Transactions Act (“UVTA)” or in its predecessor, the Uniform Fraudulent Transfer Act (“UFTA)). The... Continue Reading →

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