On Bankruptcy and Mediation
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 →
By Donald L. Swanson Desperate people do desperate things. And desperation leads even good people astray. So it is in the world of financial stress. Desperate people do desperate things: like providing sloppy financial statements to creditors, failing to assure that all collateral proceeds go to the proper place, and fudging on the truth here-and-there. All... Continue Reading →
Replacing the old (Photo byMarilyn Swanson) By: Donald L Swanson We hear a lot these days about bankruptcy venue abuse via corporate-entity manipulation shortly before bankruptcy filing. Here’s the latest opinion on that subject—which allows Debtor’s choice of venue to stand, based on a newly-created entity: In re Amerifirst Financial, Inc., Case No. 23-11240 in the... Continue Reading →
Good faith v. Bad faith? By: Donald L Swanson Is an involuntary bankruptcy, filed by an owner/creditor of the Debtor, filed in good faith or in bad faith? That’s the question before the U.S. Supreme Court on which it denied certiorari on October 30, 2023 (Wortley v. Juranitch, Case No. 23-211). Here’s the gist of the... Continue Reading →
A crusade? (Photo by Marilyn Swanson) By: Donald L Swanson The U.S. Trustee is on a crusade to eradicate every type of third-party release from all Chapter 11 bankruptcy plans—no matter what the facts or circumstances might be. It’s a policy based on the idea that, if the Bankruptcy Code doesn’t specifically and explicitly authorize something,... Continue Reading →
These buildings are “arising in”? (Photo by Marilyn Swanson) By: Donald L Swanson A bankruptcy court has jurisdiction to dismiss a legal malpractice claim of non-debtor plaintiffs against non-debtor attorneys. That’s the ruling in Murray v. Willkie Farr & Gallagher LLP (In re Murray Energy Holdings Co.), Adv. Pro. No. 22-2007, Southern Ohio Bankruptcy Court (decided... Continue Reading →
Request denied? (Photo by Marilyn Swanson) By: Donald L Swanson Bankruptcy Court denies a party’s request to enforce arbitration of a legal malpractice claim—and then dismisses that malpractice claim for failure to state a claim. The opinion is Murray v. Willkie Farr & Gallagher LLP (In re Murray Energy Holdings Co.), Adv. Pro. No. 22-2007, Southern... Continue Reading →
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