On Bankruptcy and Mediation
Caesars (photo by Marilyn Swanson) By: Donald L Swanson In re Caesars Entertainment is one of the major-and-successful bankruptcy cases in the history of these United States. The Caesars bankruptcy was filed on January 15, 2015, in the Northern Illinois Bankruptcy Court with $18 billion of debt. It achieved a confirmed plan two years later (on... Continue Reading →
Indicating? (Photo by Marilyn Swanson) By: Donald L Swanson How does the “indicative rulings” process work when a settlement occurs while a bankruptcy dispute is pending on appeal before a U.S. circuit court of appeals? In such circumstance: the parties’ dispute has previously been resolved by a bankruptcy court order; then, the bankruptcy court order has... Continue Reading →
Indicating? (Photo by Marilyn Swanson) By: Donald L Swanson Here is an opinion illustrating how the “indicative rulings” process in Fed.R.Bankr.P. 8008 can work: Millenkamp Cattle, Inc. v. East Valley Development, LLC (In re Millenkamp Cattle, Inc.), Adv. No. 25-8003, Idaho Bankruptcy Court (decided August 19, 2025). Facts Before filing bankruptcy, Debtor enters into two contracts... Continue Reading →
Uniformity (photo by Marilyn Swanson) By: Donald L Swanson A long-standing tension exists between provisions of the Bankruptcy Code and provisions of the Federal Arbitration Act (9 U.S.C. § 1 et seq., “FAA”). The question in such tension is this: must disputes over essential bankruptcy functions be addressed in arbitration, instead of bankruptcy court, under pre-petition... Continue Reading →
Indicating? (Photo by Marilyn Swanson) By: Donald L Swanson Here’s an opinion illustrating how the indicative ruling process works under Rule 62.1 (when there is no bankruptcy case involved): Vroom, Inc. v. Sidekick Tech., LLC, Case No. 21-cv-6737 (U.S. District Court for New Jersey; decided January 6, 2026). What follows is an attempt at summarizing the... Continue Reading →
The initial transfer? (photo by Marilyn Swanson) By: Donald L Swanson “[T]o the extent that a transfer is avoided . . . , the trustee may recover . . . the property transferred, or . . . the value of such property, from—(1) the initial transferee of such transfer . . . , or (2) any... Continue Reading →
Oral Arguments Transcript -- Title Page By: Donald L Swanson Will the U.S. Supreme Court consider the interests of Debtor’s creditors and bankruptcy estate in deciding whether Debtor’s pursuit of a lawsuit is barred by judicial estoppel? That’s an issue in Keathley v. Buddy Ayers Construction, Inc., Case No. 25-6 at the U.S. Supreme Court, in... Continue Reading →
Precedent? (Photo by Marilyn Swanson) By: Donald L Swanson The U.S. Supreme Court doesn't issue a lot of bankruptcy opinions. But it does use its bankruptcy opinions as precedents in non-bankruptcy opinions. One such precedent example is E.M.D. Sales, Inc. v. Carrera, 144 S. Ct. 483 (2025), which holds: “Fair Labor Standards Act of 1938 requires... Continue Reading →
A Committee? (photo by Marilyn Swanson) By: Donald L Swanson Should an official creditors committee be appointed in a Subchapter V case? That’s the question in In re Cinemex Holdings USA, Inc., Case No. 25-17559, Southern Florida Bankruptcy Court (decided August 28, 2025; Doc. 191). The In re Cinemex Court denies a motion to appoint a... Continue Reading →
Due diligence (photo by Marilyn Swanson) By: Donald L Swanson Under § 547(b) of the Bankruptcy Code (emphasis added): “the trustee may, based on reasonable due diligence in the circumstances of the case and taking into account a party’s known or reasonably knowable affirmative defenses under subsection (c), avoid [a preferential transfer.” Question: What amount of... Continue Reading →
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