On Bankruptcy and Mediation
By Donald L. Swanson The proposal for mega-case avoidance actions is to hold mediation sessions in regional hub cities near where multiple defendants reside (instead of Wilmington or New York City) and include trained mediators from those regions on the panel of mediators. A West Coast example of how the proposal could help is In... Continue Reading →
By Donald L. Swanson Avoidance defendants from fly-over country believe they get a raw deal in mega-case mediations. An example is In re VeraSun Energy Corporation, et al, Case No. 08-12606 in Delaware. The VeraSun case involves eighteen ethanol production plants located throughout the corn producing areas of the United States. After § 363 sales... Continue Reading →
By Donald L. Swanson Reuters reports that, Caesars Entertainment signs a "non-disclosure agreement" with various parties "as part of mediation process." Here's saying that the parties to any such "non-disclosure agreement" are in a bit of a pickle. Here's why. The Bankruptcy Court in Chicago recently deleted its Local Rules on mediation. So, the question is... Continue Reading →
Detroit’s use of multiple mediators and hundreds of mediation sessions is not surprising. How else could a Court deal with billions of dollars of debt and a multitude of creditors of a City that must keep operating and must meet the daily needs of its hundreds of thousands of inhabitants.
Action Item. Here’s the proposal: hold mediation sessions in regional hub cities near where multiple defendants reside (instead of Wilmington or New York City) and include trained mediators from those regions on the panel of mediators.
Here’s the proposal: hold mediation sessions in regional hub cities near where multiple defendants reside (instead of Wilmington or New York City) and include trained mediators from those regions on the panel of mediators.
Action Item--A Plan. Here is a plan for immediate leadership action by one or more enterprising professionals in each jurisdiction that is deficient on local mediation rules: 1. Gather a group of bankruptcy professionals to develop and execute a plan for garnering support among bankruptcy bar groups, the U.S. Trustee’s Office and the judges [and... Continue Reading →
By Donald L. Swanson Football season arrives in the fall, basketball in the winter, and baseball in the spring. During the season, players practice and play games. During the off-season, players make adjustments they don't have time to address during the season. Bankruptcy is a seasonal game. But the season is not months in a... Continue Reading →
By: Donald L. Swanson "War and Peace: Recent Trends and Developments in Bankruptcy Litigation and Mediation" --That's the title of the "Committee Education Session, Mediation / Bankruptcy Litigation," at the American Bankruptcy Institute's Annual Spring Meeting in Washington, D.C., next Month -- April 14-17, 2016. We look forward to seeing everyone there! Click here to... Continue Reading →
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... Continue Reading →
MEDIATBANKRY 