On Bankruptcy and Mediation
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... Continue Reading →
By Donald L. Swanson Here is my memory from a decade ago in a far-away jurisdiction where I occasionally practiced: the bankruptcy judge's procedural rules have a backwoods feel. --The rules are cumbersome. --The rules are strictly and rigidly enforced. --The judge's attitude comes across like this: You want flexibility to address immediate needs?! --Forget... Continue Reading →
By Donald L. Swanson The Wall Street Journal reports that the Gallup (New Mexico) Diocese filed today (Monday, March 21, 2016) a mediated plan of reorganization in its bankruptcy proceeding. Here are some blurbs from the Wall Street Journal report: The Roman Catholic Diocese of Gallup, N.M., unveiled today "a $22 million reorganization plan, the bulk of... Continue Reading →
The Commercial Bankruptcy Litigation website is publishing an article by Donald L. Swanson, entitled "Proactive Mediation: The Great Innovation of Detroit and Diocese Reorganizations." The article appears on the Commercial Bankruptcy Litigation website at this address: https://www.dailydac.com/commercialbankruptcy/litigation/articles/proactive-mediation-the-great-innovation-of-detroit-and-diocese-reorganizations Follow Don on Twitter by clicking here.
Action Item. In every dispute, we should consider whether mediation and conciliation might be the best approach.
By Donald L. Swanson Bishop George Thomas of Helena, Montana, says in late-February 2016: "A conciliatory approach toward sex-abuse victims helped to minimize the expenses associated with the bankruptcy process." And the expense minimization is huge! The Roman Catholic Diocese of Helena, Montana, files for bankruptcy protection in January of 2014. Prior to filing, the... Continue Reading →
Action Item. We should all be encouraging every bankruptcy judge to promote bankruptcy mediation now, as a way to prepare for future days when the bankruptcy season arrives again. #bankruptcy #mediation #bankruptcymediation
By Donald L. Swanson Here's how a season change worked, as I recall, in the early 1980s: we are at the early stages of an economic recession. The local Bankruptcy Court has one judge, one secretary and a few people in the Clerk's office. As the economic recession intensifies, the local Court's workload explodes. Motion... Continue Reading →
Action Item. We should all be encouraging our local bankruptcy courts to adopt local rules on mediation, establish mediation requirements for adversary proceedings and Chapter 11 plans, look for cases where mandatory mediation orders might be helpful–and issue such orders, and get the local bar accustomed to using mediation as a standard dispute resolution tool.... Continue Reading →
By Donald L. Swanson Sometimes, the old ways aren’t enough. Sometimes, a little creativity (or lots of it) is needed to address the task at hand. You’ve got to hand it to the Bankruptcy Judge in the Detroit case: Steven Rhodes. He knew it when he saw it: the old ways would not be enough... Continue Reading →
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