On Bankruptcy and Mediation
By: Donald L. Swanson Imagine buying assets out of bankruptcy at a fair price, only to have a previously-unknown liability tag along. --Surprise, surprise! The U.S. Supreme Court has an opportunity to weigh-in on such a “Surprise, surprise” issue. A petition for writ of certiorari is pending in a case where this could happen—complete with a $63... Continue Reading →
By Donald L. Swanson “Lending to the most highly indebted companies in the U.S. and Europe is surging.”— Wall Street Journal [Fn. 1] When a large business files for bankruptcy, there is one group that almost always suffers. It is a group with little-to-no power. It is the unsecured trade creditors. It is those that supply... Continue Reading →
By: Donald L Swanson Many people live the American Dream. They’ve started a business and are succeeding. They’re what makes the U.S. economy work. But bad things can—and do—happen to them: things like product obsolescence, economic downturn, health problems, a costly mistake, bad luck. Such things can destroy their Dream and can destroy the entrepreneurs themselves.... Continue Reading →
By: Donald L. Swanson If there’s anything the history of mediation tells us, it’s this: --We’ve gotta trust the process. Here’s an example, that’s happening right now [in June 2018], of how a failure to trust the mediation process creates issues: In re Las Cruces Country Club, Inc., Case Nos. 16-12947 & 16-12947-j7 (Bankry., D. New... Continue Reading →
By: Donald L. Swanson The case is Henry & Buresh v. Weiss (Supreme Court Case No. 17-1210). The U.S. Supreme Court denied certiorari on May 29, 2018. This denial allows an injustice to stand, which is a travesty. I’ll try to explain. Facts Michael Bello was sole shareholder, director, and president of Walldesign, Inc. Over a... Continue Reading →
By: Donald L. Swanson It’s not every day that the U.S. Supreme Court makes a pronouncement on criminal law in the context of a bankruptcy case. But that’s what happened on Tuesday (May 29, 2018) in the Supreme Court’s Lagos v. United States opinion (Case No. 16-1519). Bankruptcy Facts On February 2, 2010, a trucking enterprise, USA... Continue Reading →
By: Donald L. Swanson Last week, the U.S. Supreme Court made its latest pronouncement upholding arbitration: Epic Systems Corp. v. Lewis, U.S. Supreme Court Case No. 16-285 (issued May 21, 2018). The pronouncement follows a long line of precedents upholding and enforcing arbitration agreements, founded on the Federal Arbitration Act. This article explores the Epic Systems v. Lewis decision... Continue Reading →
By: Donald L. Swanson Football fan: “You just cost me $1,000.” Coach Tom Osborne: “I didn’t make the bet.” Steven M. Sipple, Lincoln Journal Star, May 15, 2018. Question: Can Congress command a state’s lawmakers to outlaw sports gambling? Answer: The U.S. Supreme Court says: "No," Congress has no such authority under the U.S. Constitution; but Congress... Continue Reading →
By: Donald L. Swanson Finding from an empirical study: litigants "have great enthusiasm" for participating directly in settlement negotiations and have little enthusiasm for negotiations involving “only the attorneys.” --Prof. Donna Shestowsky in, “Research Report: How Litigants Evaluate Legal Procedures at the Start of their Cases,” 50 Court Review 126 (2014). Common Negotiation Practice I started... Continue Reading →
By: Donald L. Swanson The student loan crisis and potential legislation to solve it are in the news these days. Lots of ideas are bandied about on what legislation might look like. Top Priority There is a top priority for such legislation that dwarfs all others. The number one priority, bar none (and it’s not... Continue Reading →
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