On Bankruptcy and Mediation
Illumination (photo by Marilyn Swanson) By: Donald L. Swanson The recent Boy Scouts opinion from the U.S. Court of Appeals for the Third Circuit (decided May 13, 2025) provides this Q & A illumination on the doctrine of equitable mootness: Question: Does the doctrine of equitable mootness preclude the requested relief on appeal? Answer: In light... Continue Reading →
Illuminated (photo by Marilyn Swanson By: Donald L Swanson Sub rosa plan issues have been around since the earliest days of my bankruptcy practice. Back in those days, unfortunately, I was never quite sure what a sub rosa plan might be. The dictionary definition of the term, “sub rosa,” is “confidentially; secretly; privately” or “happening or... Continue Reading →
Coming out of the void? (Photo by Marilyn Swanson) By: Donald L Swanson Can a judgment that’s “void” for lack of jurisdiction become valid by the passage of time? That’s the question on which the U.S. Supreme Court granted certiorari (on June 6, 2025—in Case No. 24-808, Coney Island Auto Parts Unlimited, Inc. v. Burton, Chapter... Continue Reading →
Illumination (photo by Marilyn Swanson) By: Donald L Swanson How do the § 363(m) limitations on appeals of sale orders apply to sales under a confirmed plan? That’s an issue discussed at length, illuminated and resolved, under the term “statutory mootness,” in the Boy Scouts opinion from the U.S. Court of Appeals for the Third Circuit... Continue Reading →
Old overruling new? (Photo by Marilyn Swanson) By: Donald L Swanson “[T]he Supreme Court’s decisions evince a general skepticism about broad application of the Bankruptcy Code, which often has led to surprisingly narrow interpretations of relatively clear language,” which “challenges the common understanding of bankruptcy law as a domain of the Court’s plain-language interpretative practice.” [Fn.... Continue Reading →
Broken -- Exhibit by Nathan Sawaya (photo by Marilyn Swanson) By: Donald L Swanson I’ve been saying this for a long time: the mass tort system of justice in these United States is broken. Two piece of brokenness (there are lots of pieces) are: agonizingly long delays and excessive costs. We now have a new illustration... Continue Reading →
By: Donald L Swanson “Jun 02 2025 The Solicitor General is invited to file a brief in this case expressing the views of the United States.” That’s the latest entry by the U.S. Supreme Court on its electronic docket for Case No. 24-1062, The Hertz Corporation, et al v. Wells Fargo Bank, N.A., as Indenture Trustee.... Continue Reading →
A refreshing scene (photo by Marilyn Swanson) By: Donald L Swanson Here is a refresher on the proof of claim requirement for a "writing" attachment (under Fed.R.Bankr.P. 3001), and on the prima facie validity that can result (under subpart (f) thereof). The opinion is In re SVB Financial Group, Case No. 23-10367 in SDNY Bankruptcy Court... Continue Reading →
The greater good? (photo by Marilyn Swanson) By: Donald L Swanson What happens when a bankruptcy sale is nearly complete . . . and someone presents a substantially-higher bid? Must the lower-price deal proceed to completion? Or can the higher bid be considered? The answer is this: maximizing value is the greater good, so the higher... Continue Reading →
Consent? (photo by Marilyn Swanson) By: Donald L Swanson In Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), the Supreme Court declares: the Bankruptcy Code does not authorize non-consensual third-party releases in Chapter 11 plans of reorganization; but “Nothing in what we have said should be construed to call into question consensual third-party releases offered... Continue Reading →
MEDIATBANKRY 