On Bankruptcy and Mediation
Re-envisioning? (Photo by Marilyn Swanson) By: Donald L Swanson State laws on assignments for benefit of creditors (“ABC”) have been around for a long time. But times have changed over the last half-century. Specifically, the bankruptcy alternative has changed dramatically: from a harsh remedy under the Bankruptcy Act of 1898;to the current Bankruptcy Code, with its... Continue Reading →
Preempting? (photo by Marilyn Swanson) By: Donald L Swanson The interface between federal bankruptcy law and similar state laws has a long history, going back to at least 1819, when the U.S. Supreme Court rules that a state insolvency law: may discharge a person from debtor’s prison; butmay not discharge that person’s debt.[Fn. 1] A more... Continue Reading →
Dale G. Higer is an attorney and a long-time Commissioner for the State of Idaho on the Uniform Law Commission. His newest role is Chair of the Commission’s newly-formed Study Committee on Assignments for Benefit of Creditors. What follows is Mr. Higer’s report on the Commission and on the work of the newly formed Study... Continue Reading →
A lack of uniformity? (photo by Marilyn Swanson) By: Donald L Swanson It’s time for a uniform law on the subject of assignment for benefit of creditors. Description Assignment for benefit of creditors laws are commonly known by the acrostic “ABC Laws”--for obvious reasons. Such laws are a tool for owners of a distressed business in... Continue Reading →
MEDIATBANKRY 