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Ever thought of using a mediator for your transactional bankruptcy-related...
You should. Mediators are often turned to only during the late stages of a case (i.e. the courthouse steps before trial, when the deal is falling apart), or after negotiations have failed. But there...
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Jefferson County Bankruptcy Mediations Scheduled for Late May
Jefferson County, Alabama has pushed back mediations scheduled with creditors in April until the end of May. On November 9, 2011, Jefferson County, Alabama filed a voluntary petition for relief under...
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Emergency Fiscal Manager Appointed in Detroit; Provides Lesson in Ethics 101
On March 14, 2013, Michigan Governor Rick Snyder, through the State of Michigan’s Local Emergency Financial Assistance Loan Board, named Kevyn Orr, a partner in Jones Day’s Business Restructuring &...
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Is the Motor City Running Out of Gas?
In recent days, it has been reported that the City of Detroit may be next in line for a Chapter 9. The city’s top options are for Michigan Governor Rick R. Snyder to appoint a financial manager, file...
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Girls Gone . . . Bankrupt. Have the Wild Girls Been Tamed?
The maker of the “Girls Gone Wild” videos, Girls Gone Wild Brands LLC, has filed for Chapter 11 bankruptcy protection in an attempt to restructure its legal affairs and shield assets from creditor...
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Bankruptcy Mediation Requested By Indiana Church and School
“Anderson Christian School and the Lindberg Road Church of Christ have asked for mediation in a complicated bankruptcy case stemming from a failed financing plan, where church leaders took out life...
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Update: NHL and Union Report to Mediation
To follow-up on my October post, “Could the NHL Lockout Benefit from a Mediator?,” as of Monday, November 26th, the parties reported an agreement to mediate. Three neutrals from Federal Mediation and...
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Mediating Preference Actions: Part II
Part I of this preference action mini-series discussed preference basics, defining what constitutes a preference and outlining claims and defenses. This post sets forth tips for mediating preference...
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Please, Don’t Take My Twinkies!
Actually, for me, it was a Suzy Q. You see, I had a “friend” that I frequently shared lunch with in elementary school. She bought the school lunch and I packed my lunch (except Thursdays–pizza day!)....
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What is Bankruptcy Mediation, Anyway?: Part Deux
My definition of bankruptcy mediation is below. What’s yours? The process by which a neutral third-party facilitator assists parties in the negotiation and resolution of bankruptcy-related disputes...
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Mediation Process Basics: A Checklist for the Mediator and Parties
Below is an outline of the basic mediation process and the potential order of events during mediation: •Beginning the Mediation • Mediator allows for introductions and sets forth ground rules for the...
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Mediating Preference Actions: Part I
Picture this . . .Widget Factory has been providing widgets to Small Business for 5 years. In those 5 years, Small Business paid each invoice within 30 days of receipt. The past 6 months of payments,...
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End of October 2012 Update on Archdiocese of Milwaukee Bankruptcy
“A federal judge on Monday handed partial victories to both the Archdiocese of Milwaukee and the sex abuse victims who make up the vast majority of creditors in its bankruptcy. The ruling, by U.S....
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Tips for the Practitioner: Six Guidelines for Practitioners Before Entering...
Be selective. Choose “an effective, knowledgeable and reliable mediator, otherwise all parties involved will suffer.” For bankruptcy mediation, specifically, it may be necessary to look for...
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Tip for the Mediator
Don’t give up on a case too early. If the parties have not reached an agreement, stick with them after the mediation session ends. Offer to follow-up and seek updates from the parties regarding any...
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Of Pride and Prejudice
Consider this scenario: Critical Vendor (“Critical”) has been doing business with Great Expectations Theater of International Talent (“GETIT”) for over 20 years. Actually, Critical has been in the...
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