On Bankruptcy and Mediation
A "Silent" Participant? (Photo by Marilyn Swanson) By: Donald L Swanson A “silent” creditor in Subchapter V is one who does not vote on the debtor’s plan and does not object to that plan. The “silent” creditor is a problem for Subchapter V cases. The Problem Here’s the problem: Subchapter V plans are prevented from being... Continue Reading →
Confidential and no competition (photo by Marilyn Swanson) By: Donald L Swanson Can non-compete and confidentiality protections in a rejected franchise agreement be discharged in bankruptcy? The answer is, “No,” according to In re Empower Central Michigan, Inc.[Fn. 1] Facts Debtor is an automotive repair shop. Debtor operates under a Franchise Agreement with Autolab Franchising, LLC. ... Continue Reading →
Expired (Photo by Marilyn Swanson) By: Donald L Swanson The continuing effort in Congress to extend Subchapter V’s $7.5 million debt limit recently hit a snag. The result: the $7.5 million debt limit for Subchapter V eligibility expired on June 21, 2024, and the Subchapter V debt limit is now reduced to an inflation-adjusted $3,024,725.[i] The... Continue Reading →
https://youtu.be/pjbJU1cUf80 By: Donald L Swanson Hon. Michelle M. Harner is Bankruptcy Judge for the District of Maryland. Judge Harner has a long history of work on creating and implementing Subchapter V bankruptcy laws for smaller businesses. That history includes these two roles: back in 2012 through 2014, Judge Harner served as Reporter for the Commission to... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the eighth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether the Subchapter V trustee or other party in interest should... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the seventh in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether the $7,500,000 debt cap for Subchapter V eligibility should remain... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the sixth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether a Subchapter V trustee should act as a mediator.[Fn. 1]... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the fifth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether § 523(a) discharge exceptions apply only to individuals or also... Continue Reading →
By: Donald L Swanson On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report. This article is the fourth in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is: whether a plan should be confirmed as consensual or as non-consensual... Continue Reading →
It means what it says (photo by Marilyn Swanson) By: Donald L Swanson The opinion is In re Packet Construction, LLC, Case No. 23-10860 in the Western Texas Bankruptcy Court (issued April 30, 2024, Doc. 103). Subchapter V Issue & Ruling Here’s the issue raised by the Subchapter V Trustee’s plan objection and the Bankruptcy Court’s... Continue Reading →
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