On Bankruptcy and Mediation
Carolina Panthers practice facility after construction halted. By: Donald L Swanson 2022 has been a bad year for the Carolina Panthers of the National Football League: Their practice facility project goes into Chapter 11 bankruptcy on June 1, 2022 (Case No. 22-10505 in the Delaware Bankruptcy Court); They fire their coach after only five games (one... Continue Reading →
A Vise-Grip Tool By: Donald L Swanson “The [Subchapter V] Trustee shall— . . . facilitate the development of a consensual plan of reorganization.” 11 U.S.C. § 1183(b)(7). That’s what we Subchapter V trustees are supposed to do. Ok, fine. But how are we supposed to do that? A facilitation tool that many Subchapter V trustees... Continue Reading →
An Illinois view (photo by Marilyn Swanson) By: Donald L Swanson Assignments for benefit of creditors (“ABC”) are rarely used in these United States. That’s for two reasons: (i) some states have no ABC statute and do not recognize the common law of ABCs, and (ii) other states have onerous ABC statutes that no one wants... Continue Reading →
Finishes last? (Photo by Marilyn Swanson) By: Donald L Swanson Negotiators consider, (i) the reputation of the opposition, in an effort to decrease uncertainty, and (ii) their own reputations, recognizing that past behaviors can influence future efforts. A study examines the effects of a negotiator’s tough guy reputation on negotiation processes (fn. 1, the “Study”). Distributive... Continue Reading →
Fiduciary capacity? (Photo by Marilyn Swanson) By: Donald L Swanson A bankruptcy discharge “does not discharge an individual debtor from any debt-- . . . for fraud or defalcation while acting in a fiduciary capacity.” 11 U.S.C. § 523(a)(4). The effect of this “fiduciary capacity” statute is newly before the U.S. Supreme Court on a petition... Continue Reading →
A symbol of European progress? (Photo by Marilyn Swanson) By: Donald L Swanson Non-judicial forms of dispute resolution are widespread in legal systems, (i) within the western legal tradition, or (ii) based on religion and tradition. Further, over the past 50 years, mediation has found a prominent place in legal systems based on the rule of... Continue Reading →
Precedent for today’s cell phones? By: Donald L Swanson Here are a couple long-standing and foundational policies for the entire bankruptcy system: Bankruptcy laws protect the honest but unfortunate debtor; and Discharge exceptions are to be strictly construed against the objecting creditor and liberally construed in favor of debtor. So, for all my decades of practice... Continue Reading →
A trickster? (Photo by Marilyn Swanson) By: Donald L Swanson The case before the U.S. Supreme Court is MOAC Mall Holdings LLC v. Transform Holdco LLC, Case No. 21-1270. The bankruptcy question upon which the U.S. Supreme Court granted certiorari is this: Whether § 363(m) limits the appellate courts’ jurisdiction over any sale order or order... Continue Reading →
Surprise? (Photo by Marilyn Swanson) By: Donald L Swanson Every now and then we get a bankruptcy opinion declaring a rule with broad application that, (i) may make sense is specific situations, but (ii) is a terrible result for others. Here’s an Exhibit A opinion for such a proposition: Reinhart Foodservice LLC v. Schlundt, Case No.... Continue Reading →
https://youtu.be/RotRSOTEKb0 By: Donald L Swanson This video interview provides information about about the 2022 amendments to the Uniform Commercial Code (“UCC”). It is the third of three interviews with Edwin Smith about the 2022 UCC amendments: The first interview is linked here; and The second interview is linked here. Edwin Smith is an expert on the 2022 UCC amendments... Continue Reading →
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