On Bankruptcy and Mediation
By Donald L. Swanson By mid-November 2015, the Archdiocese of Milwaukee has been battling its sex abuse claimants in Bankruptcy Court for nearly five years. The fight has been tough: described as "scorched earth." The Archdiocese has been fighting to limit payouts on sex abuse claims to the low single-digits of millions of dollars. But... Continue Reading →
By: Donald L. Swanson A Bankruptcy Court Judge is concerned about “leaks of sensitive, non-public information concerning the bidding process and mediation.” The bankruptcy case is In re Molycorp, Inc. (Case No. 15-11357 in the District of Delaware). A "Leaks" Problem The Bankruptcy Judge identifies three Bloomberg articles authored by Jodi Xu Klein and others... Continue Reading →
By Donald L. Swanson Action Item. Before blindly following a one-and-done mediation model from non-bankruptcy cases, we need to consider how each bankruptcy mediation might differ from non-bankruptcy contexts. #bankruptcy #mediation #bankruptcymediation
By Donald L. Swanson Bankruptcy needs a larger mediation process than the one-and-done-session model that’s common in non-bankruptcy cases An iteration of the title above ["Bankruptcy mediation is a process, not a one-and-done session"] is often greeted by bankruptcy professionals with blank stares. They can't imagine why they'd want to mediate bankruptcy disputes any differently... Continue Reading →
LinkedIn Discussion Response to Mediator Testifying as a Witness?! A New Appellate Opinion on Mediation Confidentiality Click here to view full discussion commentators credentials.
By Donald L. Swanson Every now and then something happens that becomes the model for how-not-to-do-this and a symbol of don't-let-this-happen-to-you. The Archdiocese of Milwaukee bankruptcy is one of those somethings. It's the "longest-running and most contentious" of the 14 Catholic Church bankruptcies filed since 2004 to address sex abuse liabilities. So says The Milwaukee... Continue Reading →
By: Donald L. Swanson If the City of Chicago were to file bankruptcy, the Bankruptcy Court in Chicago would find itself in a bit of a pickle. It's not a between-a-rock-and-a-hard-place type of pickle. It's more of a between-a-rock-and-an-I-don't-want-to-go-there pickle. First of all, let's note that prospects for a City of Chicago bankruptcy filing are... Continue Reading →
By Donald L. Swanson The panel of three people [two attorney mediators and a judge mediator] is superb. We are at the American Bankruptcy institute's Annual Spring Meeting in Washington, D.C.. The day begins with a fire-alarm evacuation of the hotel/convention center. But once this education session begins, the effort to get here is justified.... Continue Reading →
By Donald L. Swanson Bankruptcy Judge Steven Rhodes declares in his Detroit plan confirmation opinion (Doc. 8257) that the mediated settlements: --Are “an extraordinary accomplishment in bankruptcy”; and --Create “an ideal model for future municipal debt restructurings.” With the benefit of hindsight, we can all agree with Judge Rhodes on both points. But why not... Continue Reading →
Action Item. This Regional Mediation Hubs proposal would mitigate many concerns of far-away defendants, improve efficiency of preference processes, and increase the number of cases actually mediated. Accordingly, it should be adopted and implemented as soon as possible. #bankruptcy #mediation #bankruptcymediation
MEDIATBANKRY 