On Bankruptcy and Mediation
By Donald L. Swanson Who would ever think that mediation could serve an important role in pre-packaged Chapter 11 cases? --After all, the essence of a pre-packaged plan is speed: all major issues are supposed to be resolved in advance of the bankruptcy filing so the plan can move promptly to confirmation. But disputes do... Continue Reading →
By Donald L. Swanson "Girls just want to have fun," according to Cyndi Lauper. --And mediators just want to get paid! We receive an important lesson for mediators getting paid out of bankruptcy from a recent mediation hiccup. The lesson is this: --If you want to get paid from bankruptcy estate funds, you need court... Continue Reading →
By: Donald L. Swanson Original-source documents from antiquity are always fascinating! They provide a wealth of historical information and a wealth of insight into life in an earlier day. It’s mind-boggling, for example, to read the words of an author, who lived in an ancient time, writing about events of “ancient days” from his/her perspective-in-time.... Continue Reading →
By: Donald L. Swanson "Each United States district court shall,” by local rule: --“authorize . . . the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy”; --“devise and implement its own alternative dispute resolution program "; --"encourage and promote the use of alternative dispute resolution in its district";... Continue Reading →
By: Donald L. Swanson The Ninth Circuit Court of Appeals, in a new ruling, helps point-the-way for cities facing the complexities of Chapter 9 bankruptcy. The Facts On March 28, 2003, three citizens of Vallejo, California, have a violent encounter with two of Vallejo’s police officers. A lawsuit ensues. Then, the City of Vallejo files... Continue Reading →
By: Donald L. Swanson How can this be?! Federal rules of procedure contain mediation provisions for every bankruptcy-related court, except for the bankruptcy courts themselves. Why this discrimination against bankruptcy courts??!! [By bankruptcy-related courts, I’m referring to: --the bankruptcy courts themselves; --the U.S. district courts, in both their trial and bankruptcy-appeal capacities; --the bankruptcy appellate... Continue Reading →
By Donald L. Swanson “[I]t is unlikely that a city could file for bankruptcy solely for the purpose of shedding liability associated with unconstitutional police practices.” --Conclusion in a Report, dated 8/21/2016 and titled: “Who Pays for Police Misconduct in Bankruptcy Cities?” This conclusion is undoubtedly accurate when a City is capable of paying the... Continue Reading →
By Donald L. Swanson The American Bankruptcy Institute and St. John’s University School of Law do an annual forty-hour [yes, that’s 40-hour] “Bankruptcy Mediation Training” course. The next course is coming soon -- it’s scheduled for December 11 – 15, 2016. I took this course two years ago – and loved it! Here are some... Continue Reading →
By Donald L. Swanson Hypothetical: A City has been struggling for years to provide adequate services. Then, the City and its police officer are sued for violating the plaintiff’s civil rights. A jury verdict is for many-millions of dollars—an amount multiple times the City’s annual budget. Defendants appeal. Plaintiff starts executing on the judgement. So... Continue Reading →
By Donald L. Swanson Detroit’s mediated settlements are “an extraordinary accomplishment in bankruptcy and an ideal model for future municipal debt restructurings.” --Judge Steven W. Rhodes, from Detroit Bankruptcy’s Plan Confirmation Ruling A new report “Who Pays for Police Misconduct in Bankrupt Cities” is the title for the report of a study, published on August... Continue Reading →
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