Tag: Bankruptcy

Leading An Organization Through A Pandemic (Amy Quackenboss / ABI)

https://youtu.be/fkGgti3-DsA By: Donald L Swanson Amy Quackenboss is Executive Director of the American Bankruptcy Institute (“ABI”). ABI is the nation’s largest, most diverse and premier community of bankruptcy professionals.  It has more than 10,000 members, consisting of judges, attorneys, law professors, accountants, investment bankers and turn-around specialists, throughout the United States and internationally. In the interview... Continue Reading →

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Surviving A Motion To Convert From Chapter 11 To Chapter 7 — Or Not (In re Gabbidon & In re Neosho)

Surviving some heat (photo by Marilyn Swanson) By: Donald L Swanson There are two bankruptcy court opinions—issued a week apart.  One converts a Chapter 11 case, involuntarily, to a case under Chapter 7.  The Chapter 11 Debtor in the other opinion survives a similar conversion effort—but just barely and due to unique circumstances. A comparison and... Continue Reading →

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An Olde Argument For Bankruptcy Laws (From 1755): A Lesson For Today

History: From Colonial Times (Photo by Marilyn Swanson) By: Donald L Swanson Bankruptcy issues have been around for a very long time—for centuries, in fact. And bankruptcy issues have been discussed in these United States for the entire time of our existence--and before. Even in our Colonial times (prior to 1776), bankruptcy and insolvency issues were... Continue Reading →

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Alabama & North Carolina — A Bankruptcy World Of Their Own (USA Sales v. U.S. Trustee)

By: Donald L Swanson Alabama and North Carolina are interesting places. But in the world of bankruptcy, Alabama and North Carolina are truly special—seriously!! These two states have carved out a bankruptcy world of their own—a world that’s different from every other state and all the territories in the Union!  How they did it, is undoubtedly... Continue Reading →

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Prof. Mann: On Bankruptcy And The U.S. Supreme Court (An Interview)

https://youtu.be/g1NZFVfJ98k Prof. Mann discussing "Bankruptcy and the U.S. Supreme Court" By: Donald L Swanson Ronald J. Mann is the “Albert E. Cinelli Enterprise Professor of Law” and co-director of the “Charles Evans Gerber Transactional Studies Center” at Columbia Law School.  Prof. Mann is a nationally recognized scholar in bankruptcy and related areas of law.  His prior... Continue Reading →

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How U.S. Constitution’s Contracts Clause Bans State Bankruptcy Laws (Sturges v. Crowninshield)

Filling the void (photo by Marilyn Swanson) By: Donald L Swanson “No State shall . . . pass any . . . Law impairing the Obligation of Contracts.” --U.S. Constitution, Art. 1, Sec. 10, Cl. 1 (the “Contracts Clause”). One of the earliest opinions from the U.S. Supreme Court on the subject of bankruptcy is Sturges... Continue Reading →

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Judge Wedoff: On Representing Respondents At Supreme Court In Chicago v. Fulton (An Interview)

By: Donald L Swanson On January 14, 2021, the U.S. Supreme Court issued its majority and concurring opinions in the City of Chicago v. Fulton case.  The opinions give a technical victory to the City on a narrow legal issue but suggest that the City may be in a difficult position on a variety of related... Continue Reading →

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Supreme Court Denies Cert (GE v. Belton): A Bankruptcy Code v. Arbitration Act Reprieve — And Constitution’s Bankruptcy Exception

Uniformity (photo by Marilyn Swanson) By: Donald L Swanson We've dodged the bullet . . . again! Yesterday, the U.S. Supreme Court denied certiorari in GE Capital Retail Bank v. Belton (Case No. 20-481), where the question presented is: Which federal statutory scheme takes precedence in resolving important bankruptcy issues -- the Bankruptcy Code or the... Continue Reading →

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Debtors Sign Federal Tax Returns Digitally; Why Not Petitions and Schedules?

https://youtu.be/W23y7atJORM Debtor digital signatures -- some background Reprinted with permission from the ABI Journal, Vol. XXXVIX, No. 1, January 2020.  Here is a link to the original publication. Debtors sign their federal tax returns digitally all the time. The Internal Revenue Service (IRS) allows digital signing, without reservation; the Department of Justice (DOJ) prosecutes digital... Continue Reading →

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Generating a Positive Cash Flow in Reorganization: The Central Task of a Family Business

By: Donald L Swanson A family business in Chapter 11 (whether in Subchapter V or a regular Chapter 11) has one task that stands above all others in importance. It’s this: The business must generate a positive cash flow. The Lawyer’s Impossible Task All the favorable bankruptcy rules that exist, and all the favorable bankruptcy court... Continue Reading →

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