On Bankruptcy and Mediation
Can’t make this view up! (Photo by Marilyn Swanson) By Donald L. Swanson You can’t make this stuff up. The legal issues are pedestrian. But the facts behind those issues are incredible! Litigation History Here’s the boring stuff first. On January 8, 2024, the U.S. Supreme Court denies certiorari in Mann v. LSQ Funding Group, L.C.... Continue Reading →
A retrospective look (photo by Marilyn Swanson) By Donald L. Swanson Oral arguments happened on January 9, 2024, at the U.S. Supreme Court in U.S. Trustee v. Hammons. Here is a link to the transcript of those arguments. The Hammons question is this: what’s the proper remedy for unconstitutionality of lesser fees charged by bankruptcy courts... Continue Reading →
Making progress (photo by Marilyn Swanson) By: Donald L Swanson 2023 has been a good year for developing the law of Subchapter V through court rulings and opinions. Here are some of the highs and lows of that development. Working as Intended If 2023 shows us anything, it’s this: Subchapter V is working as intended. Subchapter... Continue Reading →
By Donald L. Swanson In 2022, the U.S. Supreme Court issues its unanimous Siegel v. Fitzgerald opinion. The question in that opinion is: whether fee increases for bankruptcy cases, that exempt cases filed in Alabama and North Carolina, are permissible under the U.S. Constitution clause requiring “uniform Laws on the subject of Bankruptcies”; and if not,... Continue Reading →
Disparate styles (photo by Marilyn Swanson) By Donald L. Swanson Here’s my biggest bankruptcy shocker from 2023: the Third Circuit’s rationale for dismissing Johnson & Johnson’s bankruptcy. I’ll try to explain. Appalled I’m still appalled by the lack of concern, from the Third Circuit Court of Appeals in its dismissal opinion, over these disparities it describes... Continue Reading →
A valuable and desirable place (photo by Marilyn Swanson) By: Donald L Swanson “Bankruptcy provides a valuable and desirable venue for the resolution of [mass tort] disputes” by: “ensuring equitable recovery for all tort claimants”; and “preventing many of the inefficiencies that otherwise result from races to the courthouse.” This quotation is from the Amicus Brief... Continue Reading →
Diminishing effectiveness? (photo by Marilyn Swanson) By: Donald L Swanson The history of bankruptcy in these United States teaches this: bankruptcy laws can provide an efficient and effective solution for a great variety of financial problems. But bankruptcy laws, in these United States, face significant problems, and their effectiveness is being diminished. First Problem Bankruptcy has... Continue Reading →
By Donald L. Swanson I'm reading a U.S. circuit court's recent bankruptcy opinion that cites Stern v. Marshall, 564 U.S. 462 (2011). I'm startled by that and blurt out (to myself), "Who cites Stern anymore?!" and "Is Stern still a thing?!" and "I thought Stern has been narrowed to nearly nothing?!" And then I see... Continue Reading →
RIP (Photo by Marilyn Swanson) By: Donald L Swanson What creditor would ever want to be an involuntary bankruptcy petitioner under these statements of facts and law: Facts: “Here, there is no dispute that the holders of the Notes are owed the entire principal amount plus unpaid interest. . . . But, there is a dispute... Continue Reading →
By: Donald L Swanson Oral arguments at the U.S. Supreme Court in Harrington v. Purdue Pharma L.P. happened on December 4, 2023. Here is a link to the official transcript of such arguments. My Impression I’ve read that transcript—and still don't know what the Court is going to do. But based on the comments/questions of the... Continue Reading →
MEDIATBANKRY 