On Bankruptcy and Mediation
Tribal sovereignty (photo by Marilyn Swanson) By: Donald L Swanson Oral arguments occur on April 24, 2023, before the U.S. Supreme Court in Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, Case No 22-227. Here is a link to the oral arguments transcript. What follows is an attempt to, (i) summarize the facts... Continue Reading →
Some would call it "theft" (photo by Marilyn Swanson) By: Donald L Swanson Oral arguments are held at the U.S. Supreme Court on April 26, 2023, in Tyler v. Hennepin County, Minnesota, Case No. 22-166. A transcript of such arguments is linked here. The essence of the case is this. Hennepin County, Minnesota: confiscates the home... Continue Reading →
Mootness? (Photo by Marilyn Swanson) By: Donald L Swanson Everyone knows by now that the U.S. Supreme Court recently declared the provisions of 11 U.S.C. § 363(m) to be NOT jurisdictional.[Fn. 1] Instead, § 363(m) is merely an important statutory directive.[Fn. 2] Mootness Issue What’s received less attention is a preliminary issue the U.S. Supreme Court... Continue Reading →
Hypothetical? — Chihuly (photo by Marilyn Swanson) By: Donald L. Swanson Say what?!. “Hypothetical jurisdiction” for a bankruptcy appeal?! Who knew? I sure didn’t. But it is, apparently, a thing . . . and it may even be real. At U.S. Supreme Court A newly filed Petition in the U.S. Supreme Court is Waleski v. Montgomery,... Continue Reading →
Honest and unfortunate (photo by Marilyn Swanson) By: Donald L Swanson The U.S. Supreme Court does not like bankruptcy benefits for individual debtors. It really doesn’t. An example from a couple years ago is Fulton v. City of Chicago, where the U.S. Supreme Court finds a way to declare: an impound lot refusing debtor’s demand to... Continue Reading →
The first of its kind? (photo by Marilyn Swanson) By: Donald L Swanson The U.S. Supreme Court issues its first-ever opinion—of any type—on August 3, 1791. [Fn. 1] But it does not address a bankruptcy question for quite some time thereafter. In fact, the first U.S. law on the subject of bankruptcy did not exist until... Continue Reading →
Tribal sovereignty (photo by Marilyn Swanson) By: Donald L Swanson On January 13, 2023, the U.S. Supreme Court grants the Petition for a writ of certiorari in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, Supreme Court Case No. 22-227, and on January 31, 2023, the Supreme Court enters this order therein: "Set... Continue Reading →
Some call it theft (photo by Marilyn Swanson) By: Donald L Swanson Cruelty prevails, for now, in Hennepin County, Minnesota—with approval from the Eighth Circuit Court of Appeals. The case is Tyler v. Hennepin County, Minnesota.[Fn. 1] Get this. Hennepin County: confiscates the home of 93-year-old Geraldine Tyler to pay a $15,000 property tax bill; sells... Continue Reading →
Projected v. Actual (photo by Marilyn Swanson) By: Donald L Swanson The phrase “projected disposable income” is a plan confirmation standard in all reorganization chapters of the Bankruptcy Code for individuals and businesses: Chapter 11—in § 1129(a)(15); Subchapter V—in § 1191(c)(2); Chapter 12—in § 1225(b)(1); and Chapter 13—in § 1325(b)(1). Inexplicably, three courts (two bankruptcy... Continue Reading →
Grab what you can get? (photo by Marilyn Swanson) By: Donald L Swanson Remember the old saying, “Grab what you can get, when you can get it”? Well . . . that old saying is now the federal law of the land, applying exclusively to bankruptcy laws in Alabama and North Carolina. Here’s how. Congress imposed... Continue Reading →
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