On Bankruptcy and Mediation
Abstaining? (Photo by Marilyn Swanson) By: Donald L Swanson This is the second of two articles on abstention in bankruptcy. This article is about appellate review of a decision on bankruptcy abstention. Appellate review of a bankruptcy abstention rulings is limited: denial of a mandatory abstention motion can be appealed; but all other types of abstention... Continue Reading →
Abstaining? (Photo by Marilyn Swanson) By: Donald L Swanson Here is a bankruptcy abstention ruling: One William Street Capital Master Fund Ltd. V. Wilmington Trust, National Association, Case No. 26-CV-01123, S.D.N.Y. Bankruptcy Court (decided June 5, 2026). This is the first of two articles on abstention. The second article will be on limited appellate review of... Continue Reading →
Finality? (Photo by Marilyn Swanson) By: Donald L Swanson Fed.R.Bankr.P. 8002(a) provides that “a notice of appeal must be filed with the bankruptcy clerk within 14 days after entry of the judgment, order, or decree being appealed.” This time limit is jurisdictional and, in the absence of a timely notice of appeal, the district court is... Continue Reading →
Northern Pipeline & Stern Opinions By: Donald L Swanson Stern v. Marshall, 564 U.S. 462 (2011), is a five-justice majority opinion with a four-justice dissent. And the dissent is strong. Too bad it failed to prevail, because: the majority opinion created havoc within the entire bankruptcy system; and it did so by creating uncertainty, confusion and... Continue Reading →
Northern Pipeline & Stern Opinions By: Donald L Swanson The Bankruptcy Code's effective date was October 1, 1979. Northern Pipeline Construction Co. filed Chapter 11 bankruptcy in January of 1980, under the new Bankruptcy Code. In its bankruptcy, Northern Pipeline sued Marathon Pipe Line Co. in bankruptcy court, asserting claims under state law. The question of... Continue Reading →
Northern Pipeline & Stern Opinions By: Donald L Swanson The U.S. Supreme Court has never liked like the Bankruptcy Code and has worked diligently, over the decades, to limit the authority of bankruptcy courts and bankruptcy judges. Two examples are U.S. Supreme Court opinions that have anniversaries this month—in June of 2026: 44 years ago (on... Continue Reading →
Northern Pipeline & Stern Opinions By: Donald L Swanson Here is a common statement of bankruptcy court jurisdiction: “The Court has constitutional authority to determine this matter because it,” “is purely a matter of bankruptcy law”; and “does not require the resolution of any matter similar to ‘the stuff of the traditional actions at common law... Continue Reading →
A place of authority? (Photo by Marilyn Swanson) By: Donald L Swanson 28 U.S.C. § 157(b)(5) provides: “personal injury tort and wrongful death claims shall be tried in the district court in which the bankruptcy case is pending, or in the district court in the district in which the claim arose” In other words, “personal injury... Continue Reading →
A place of equity? (Photo by Marilyn Swanson) By: Donald L Swanson The opinion is TL90108 LLC v. Ford, Case No. 21-10456 (11th Cir., decided August 11, 2025). Facts A rare vehicle is stolen from the owner’s Milwaukee garage and shipped to Europe in 2001. The owner dies in 2005 while the vehicle is missing. An... Continue Reading →
By: Donald L Swanson Even though a bankruptcy petition is improperly filed, the bankruptcy court still has subject matter jurisdiction over the case—but must dismiss it. That’s what the U.S. Third Circuit Court of Appeals declares in In re Whittaker Clark & Daniels, Inc., Case Nos. 24-2210 & 24-2211 (3rd Cir., decided September 10, 2025).## What... Continue Reading →
MEDIATBANKRY 