Their ability to hunker down and survive is dependent, first and foremost, on the continuing availability of cash.
Triage and Prescriptions for Ailing Businesses
The Coming Corona Recession: Five Recommendations to Businesses for Getting Help
Economic fallout from the corona virus will leave many formerly-successful businesses in financial stress.
Memo to Federal Judges: Resist Temptation (Rodriguez v. FDIC)
There is “no federal general common law.”
Model Local Mediation Rules: A Service of Great Value
By: Donald L. Swanson Every once in a great while, a group of people perform a voluntary service of hard and diligent effort that produces a result of excellence and provides great value to others. That is precisely what a small group of people did in creating model local rules and supporting commentary on bankruptcy mediation.... Continue Reading →
The Solvent Debtor and Post-Petition Interest on Unsecured Claims
The Fifth Circuit follows what it describes as “the monolithic mountain of authority” in holding that the Bankruptcy Code—not the reorganization plan—defines the limits of claims.
Four Examples of How Local Customs Impede Mediation
Practitioners need to constantly evaluate their local mediation customs to assure that better practices are identified and incorporated.
Wet Ink and Paper Retention Requirements are Flawed: Technology Can Fix That
Wet ink and paper retention requirements are a flawed relic of manual systems past. It’s time to move this relic into the highly-secure digital world.
Do We Ask And Expect Too Much From Mediation? (A Fourth Circuit Mediation Order)
By Donald L. Swanson Sometimes, mediation is asked and expected to do a lot. And sometimes mediation is asked and expected to do more than it can actually perform: i.e., many puzzles and problems defy solution. A new mediation order out of the U.S. Fourth Circuit Court of Appeals asks and hopes for a lot from... Continue Reading →
Small Business Reorganization Act of 2019: Frequently Asked Questions & Some Answers
The SBRA exists today because small businesses have had difficulty getting plans confirmed under chapter 11.
Evaluating Choices in Mediation
Viewing options together nudges people to compare and contrast the options and focus on differences.
MEDIATBANKRY 