Lack of Experience — And Filing A Subchapter V Case

Utilizing and gaining experience from another (photo by Marilyn Swanson) By: Donald L Swanson It’s been a while—quite a long while, actually—since bankruptcy cases were booming. A Problem The result of such time lag is this: younger attorneys have missed-out on opportunities to grow in the bankruptcy realm; andthe bankruptcy bar is aging, without adequate development... Continue Reading →

Delayed Decisions = A Perception Of Doubt (Implications For Mediation?)

By: Donald L Swanson A 2014 study looks at how people make judgments, based on the time it takes others to reach a decision. [Fn. 1] The central finding of the study is this: Long decision times are viewed as evidence of the decision maker’s doubt; andOthers make decisions based on the degree of doubt perceived.... Continue Reading →

The Student Loan Problem — A Solution: Stop Making Bad Loans!

A good intention gone awry (photo by Marilyn Swanson) By: Donald L Swanson It is the lot of good intentions—to go awry. And so it is with the federal government’s student loan program.  Its good intentions are obvious: making a college education available to everyone—even at high-price colleges. Catastrophic Consequences Such good intentions have gone awry, with... Continue Reading →

The Role of “Trust” in Mediation

By: Donald L Swanson Once a negative impression is formed about an individual, there is a tendency to view everything else about this person in negative terms. [Fn. 1] A Loss-of-“Trust” Story I remember mediating a commercial dispute, many years ago, between two parties: let’s call them Party A and Party B. One of the disputed... Continue Reading →

An Olde Argument For Bankruptcy Laws (From 1755): A Lesson For Today

History: From Colonial Times (Photo by Marilyn Swanson) By: Donald L Swanson Bankruptcy issues have been around for a very long time—for centuries, in fact. And bankruptcy issues have been discussed in these United States for the entire time of our existence--and before. Even in our Colonial times (prior to 1776), bankruptcy and insolvency issues were... Continue Reading →

Friendliness Within Hostile Relationships–A Barrier to Negotiation?

A friendly fox? (Photo by Marilyn Swanson) By: Donald L Swanson A study of social behavior is titled, “Barriers to Transforming Hostile Relations: Why Friendly Gestures Can Backfire.”  [Fn. 1] The findings and implications of this study are significant for mediation and other negotiation contexts! Background & Essential Finding Everyone knows that friendliness builds rapport and... Continue Reading →

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 →

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