On Bankruptcy and Mediation
The better way (photo by Marilyn Swanson) By: Donald L Swanson Bankruptcy may not be very good at a lot of things. But one thing bankruptcy is good at is this: selling assets. Bankruptcy sales outside the ordinary course of business traditionally perform well at achieving top dollar. Two separate procedures are authorized for sales of... Continue Reading →
Authorized to act (photo by Marilyn Swanson) By: Donald L Swanson Some time ago, I’m discussing the role and powers of a Chapter 12 trustee. In response to a question, I say that a Chapter 12 trustee has no authority to sell estate assets unless and until the debtor is removed from possession. Someone promptly counters... Continue Reading →
Which to choose? (Photo by Marilyn Swanson) By: Donald L Swanson Chapter 12 is for farmers. Subchapter V is for main street businesses. But in many circumstances, a farmer could be eligible for relief under both Chapter 12 and Subchapter V. In such circumstances, the question is this: Which should the farmer choose—Chapter 12 or Subchapter... Continue Reading →
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