Tag: Bankruptcy Mediation

Proactive Mediation: The Great Innovation of Detroit and Diocese Reorganizations

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.

0

Slashing Reorganization Costs by Early Mediation: Helena Diocese Shows the Way

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: from If I were a Bankruptcy Judge — Part Two Post

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

If I Were a Bankruptcy Judge, I’d be Promoting Bankruptcy Mediation Now — Part Two

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 →

1

ACTION ITEM: from If I were a Bankruptcy Judge — Part One Post

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 →

Mandatory Mediation: Here’s How it’s Done – The Detroit Example

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 →

2

If I were a Bankruptcy Judge, I’d be Promoting Bankruptcy Mediation Now — Part One

By Donald L. Swanson If I were a bankruptcy judge [I'm not and have no aspirations to become one], I’d be doing everything in my power to promote mediation in my court—right now. For example, I’d adopt local rules on mediation, establish mediation requirements for adversary proceedings and Chapter 11 plans, look for cases where... Continue Reading →

1

ACTION ITEM: From “Sitting Bankruptcy Judges” Post

Action Item. Any party seeking appointment of a "sitting bankruptcy judge" as mediator should identify the desired judge and provide information on that judge's mediation training, background and experience -- and disclose compensation arrangements. #bankruptcy #mediation #bankruptcymediation

What’s the Fascination With Requesting an Unnamed “Sitting Bankruptcy Judge” as Bankruptcy Mediator? (Updated on 3/3/16 with Responses)

By Donald L. Swanson The Motion to appoint a mediator in the Caesars Entertainment bankruptcy suggests that an unnamed "sitting bankruptcy judge" be appointed. And filings by others in support of the Motion agree. The unnamed "sitting bankruptcy judge" suggestion seems to be common in many cases. But there is a better approach. Let's begin... Continue Reading →

Blog at WordPress.com.

Up ↑