Tag: Bankruptcy

Supremes First Side With 144 Claimants Against >82,000 Other Claimants, But Then Vacate: A Good Sign? (Lujan Claimants v. Boy Scouts)

Scouting? (Photo by Marilyn Swanson) By: Donald L Swanson Congress, the federal appellate courts and the U.S. Supreme Court all need to recognize this historical reality: bankruptcy is an efficient and effective tool for resolving mass tort cases, as demonstrated by cases with huge-majority approval votes from tort victims. And all those institutions need to prevent... Continue Reading →

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Special Masters Are Needed In Bankruptcy, Part 4: Inherent Authority Should Not Be Denied

Antonio Stradivari -- A Special Master (Photo by Marilyn Swanson) By: Donald L Swanson This is the fourth in a series of four articles on why Fed.R.Bankr.P. 9031, titled “Masters Not Authorized,” needs to be amended to authorize the utilization of special masters in complex bankruptcy cases. The focus of this fourth article is on how... Continue Reading →

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Special Masters Are Needed In Bankruptcy, Part 3: Evolution Of Bankruptcy Referees And Courts Show Why Needed

Antonio Stradivari -- A Special Master (Photo by Marilyn Swanson) By: Donald L Swanson This is the third in a series of four articles on why Fed.R.Bankr.P. 9031, titled “Masters Not Authorized,” needs to be amended to authorize the utilization of special masters in complex bankruptcy cases. The focus of this third article is on how... Continue Reading →

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Special Masters Are Needed In Bankruptcy, Part 2: But Are Prohibited By Bankruptcy Rule 9031—Without A Sound Reason & Some History

Antonio Stradivari -- A Special Master (Photo by Marilyn Swanson) By: Donald L Swanson This is the second in a series of four articles on why Fed.R.Bankr.P. 9031, titled “Masters Not Authorized,” needs to be amended to authorize the utilization of special masters in complex bankruptcy cases. The focus of this second article is on how... Continue Reading →

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Special Masters Are Needed In Bankruptcy, Part 1: Use Of Special Masters In Federal District Courts Under Rule 53

Antonio Stradivari -- A Special Master (Photo by Marilyn Swanson) By: Donald L Swanson This is the first in a series of four articles on why Fed.R.Bankr.P. 9031, titled “Masters Not Authorized,” needs to be amended to authorize the utilization of special masters in complex bankruptcy cases. The focus of this first article is on how... Continue Reading →

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“Special Masters” Are Needed In Bankruptcy: An Interview With Judge Kaplan

https://youtu.be/LeDRrRnSxP8?si=2WjQ-6DxDGj5y3Hy By Donald L. Swanson Hon. Michael B. Kaplan is Chief Bankruptcy Judge for the U.S. Bankruptcy Court in New Jersey. Beginning with his appointment as Bankruptcy Judge in 2006, and throughout his judicial career, Judge Kaplan has presided over many complex bankruptcy cases—both large and small. Because of that experience, Judge Kaplan sees a need... Continue Reading →

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Can Contempt For Violating Discharge Injunctions Be Pursed In A Class Action? (Bruce v. Citigroup)

Showing contempt? (Photo by Marilyn Swanson) By: Donald L Swanson Can the contempt remedy for a creditor’s violations of the discharge injunction in multiple bankruptcy cases throughout the land be imposed in a class action lawsuit? The answer from the First Circuit Court of Appeals is, “No” (see this linked opinion); and On January 8, 2023,... Continue Reading →

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Tom Brady’s Super Bowl Career—And A Lesson On Business Failures

February 3, 2002, Super Bowl By Donald L. Swanson Here’s an impression: the general populace in these United States have no understanding, whatsoever, of the risks that every business faces. That lack of understanding is especially true as to larger businesses with the appearance of profitability and success. Comparison Story But there’s a fascinating comparison story... Continue Reading →

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Is It OK to Mediate A Mass Tort Bankruptcy Plan Without Including Insurers Who Must Provide Plan Payments? (In re Imerys & Cyprus)

All are included (photo by Marilyn Swanson) By: Donald L Swanson Here’s a due process question that’s percolating before the U.S. Supreme Court and a related mediation issue: The due process question is whether an insurer who must fund a mass tort bankruptcy plan is a “party in interest” that’s entitled to appear and be heard... Continue Reading →

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A Tenth Circuit Primer On Statutes of Limitations for Fraudulent Transfer Claims Under § 544(a)&(b) (In re Stone Pine)

Placing limitations upon (Photo by Marilyn Swanson) By: Donald L Swanson A helpful analysis of statute of limitations issues for fraudulent transfer claims brought by a bankruptcy trustee under § 544(a)&(b) is provided in a recent Circuit opinion. The opinion is Lewis v. Takacs (In re Stone Pine Investment Banking, LLC), Case No. 21-1423, U.S. Tenth... Continue Reading →

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