Tag: Bankruptcy

What Happens to Fraudulent Transfer Claims When Barred by Bankruptcy’s Two-Year Statute of Limitations?

By Donald L. Swanson Two Hypotheticals and a Question: First Hypothetical: Debtor makes a fraudulent transfer shortly before filing Chapter 7 bankruptcy. The Chapter 7 Trustee refuses to pursue the fraudulent transfer claim, and the Bankruptcy Code’s two-year statute of limitations expires. Second Hypothetical: Debtor makes a fraudulent transfer shortly before filing Chapter 11 bankruptcy.... Continue Reading →

0

Romance and “Insider” Status, with Other Oddities, at U.S. Supreme Court (U.S. Bank v. Village at Lakeridge)

By Donald L. Swanson On March 27, 2017, the U.S. Supreme Court grants certiorari in the case of U.S. Bank N.A. v. Village at Lakeridge, LLC, U.S. Supreme Court Case No. 15-1509. The Facts Kathie Bartlett is one of five owners of a company that owns the Debtor. So, both Kathie Bartlett and her company... Continue Reading →

2

U.S. Supreme Court: Stale Claims, Attorneys and Trustees in Chapter 13 & Dissent’s Call for Congress to Overrule (Midland Funding v. Johnson)

By Donald L. Swanson The case is Midland Funding, LLC v. Johnson, Supreme Court Case No. 16-348 (decided May 15, 2017).   It’s about creditors filing proofs of stale claims (i.e., claims barred by statute of limitations) in Chapter 13 cases. The Facts Aleida Johnson files Chapter 13 bankruptcy.  Then, Midland files a proof of claim... Continue Reading →

1

U.S. Supreme Court: A Tale of Two Certioraris

By Donald L. Swanson These are the best of times, these are the worst of times for 11 U.S.C. § 546(e). § 546(e) provides protection from fraudulent transfer liability in specialized circumstances: e.g., for sales of corporate stock through an intermediary. The “best of times” are because five circuit courts of appeals construe § 546(e)... Continue Reading →

0

The U.S. Supreme Court and Funny-Money in Credit Bidding Auctions

By: Donald L. Swanson The U.S. Supreme Court has a penchant for rulings that, as a practical matter, screw up our bankruptcy world. The most recent example is the Supreme Court’s March 22, 2017, ruling in the In re Jevic case [see this article]. Another case, where the U.S. Supreme Court did us no favors in... Continue Reading →

0

In re SunEdison: Mandatory Mediation to the Rescue?

By:  Donald L. Swanson “Whereas, mediation may provide an opportunity to consensually resolve the Mediation Issues . . . It Is Therefore, Ordered” that “Representatives of the following parties and their counsel are directed to attend the Mediation in person: (i) the Debtors, (ii) the Committee, . . . [etc.] . . . “ Stuart... Continue Reading →

0

Student Loan Crisis: High-Priced Colleges Support Beautiful Campuses (and Other Luxuries) on the Backs of their Students

By:  Donald L. Swanson “Back when I was in school . . .” This is a tired-old phrase, usually followed by tales of hardship. The Olden Days But here’s an opposite twist:  Back when I was in college (during the 1970s), you could actually pay your way through, with little-to-no debt, by working part-time jobs... Continue Reading →

3

Next Steps for a Court with Basic Mediation Rules: Mandated and Early Mediation

By: Donald L. Swanson Here is a common experience in the bankruptcy courts (and other courts) where mediation is a new or little-used tool: Attorneys have been practicing for years in this court without using mediation.  And mediation is slow to catch on.  Here’s why: --Attorneys who practice in this court aren’t accustomed to using... Continue Reading →

2

New Supreme Court Justice Neil Gorsuch Will be Good for Bankruptcy Law

By: Donald L. Swanson The only things I know about Judge (now Justice) Neil Gorsuch are from what I’ve read in two contexts: His rating by the American Bar Association’s Standing Committee on the Federal Judiciary, which voted unanimously to give its best possible rating to Judge Gorsuch as a Supreme Court nominee; and Five... Continue Reading →

0

Structured Dismissal Negotiations are Ripe for Mediation: Until the Supreme Court Upends Precedent (In re Jevic)

By: Donald L. Swanson “We are not final because we are infallible, but we are infallible only because we are final.” --From concurring opinion of U.S. Supreme Court Justice Robert H. Jackson, in Brown v. Allen, 344 U.S. 443 (1953), on role and function of the U.S. Supreme Court. Structured dismissals are [correction: were] a... Continue Reading →

0

Blog at WordPress.com.

Up ↑