Bankruptcy Mediation for the Little Guy – Part 2: Nebraska in the Lead

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By Matthew Gillespie

In my previous post, I discussed the Nebraska’s Federal Practice Fund: a fund based on attorney admission fees that, inter alia, allows parties in bankruptcy proceedings to apply for funds to pay their portion of mediation fees when they’re unable to pay themselves. Nebraska’s District Court adopted this measure under the umbrella of the Guide to Judiciary Policy, Vol. 13, Ch. 12.

To my chagrin, I could not find another federal court fund that will pay for an indigent party’s portion of a bankruptcy mediation tab. Continue reading “Bankruptcy Mediation for the Little Guy – Part 2: Nebraska in the Lead”

Bankruptcy Mediation for the Little Guy – Part 1: Financial Assistance

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No money in the wallet, no mediator?

By Matthew Gillespie

Of all the benefits mediation provides, the perennial favorite is this: it saves money! Not only can a successful mediation conclude a dispute without the rigmarole and expense of a hearing (or worse, trial), but even unsuccessful mediations can bring the parties closer to resolution of the dispute another time.

But what happens when both parties to an adversary proceeding or contested matter are open to mediation, but, perhaps predictably, the consumer debtor doesn’t have the capital to pay for his or her portion of a mediation? Continue reading “Bankruptcy Mediation for the Little Guy – Part 1: Financial Assistance”