As we bring to a close the first half of 2022, I wanted to reflect on some highlights that speak to where we are as an organization and where we will journey for the balance of this year and beyond. Just a few weeks ago, Austin, Texas, was host to three different, yet equally empowering and...
Join Cullen Speckhart, co-author of the Journal of Corporate Renewal article, “Amendments to Delaware Local Rules Clarify the Scope of Mediation Privilege,” for a timely discussion with Evan Lazerowitz and Richard Mikels. While Delaware has been at the forefront of bankruptcy mediation...
A company has continuing economic decline. Management makes poor decisions. Too much debt is issued, and new debt is used to fund annual budgets. A weather event damages critical assets. Tax advantages enjoyed for many years start to expire. Healthcare costs continue to grow and take a larger share...
This issue of the JCR focuses on the restructuring of Puerto Rico. Like the island’s history, the restructuring efforts involving this commonwealth were, in a word, “complicated.” Puerto Rico has a long, rich, and proud history and cultural identity. Before Christopher Columbus set foot on the...
Arizona Adam W. Black, Coface North America Brendan J. Cassin, MidFirst Bank Steve E. Schultz Atlanta Austin Alexander, Thompson Hine LLP Nathaniel DeLoatch Andy B. Dillard, Porter Capital Corporation Morgan Hansen, Bay View Funding Andrew E. Richardson Matt Simon, UMB Capital Finance Brittiny...
A 10-figure bankruptcy demands innovative approaches to case management and court administration, especially where large numbers of adversary proceedings are expected. One trend in recent cases—pre-discovery mediation—is proving successful in that regard, although it does have potential pitfalls of...
For decades, mediation in bankruptcy has been a preferred method for resolving disputes involving distressed entities, and the enactment of the Small Business Reorganization Acct (SBRA), which became effective on February 19, 2020, practically ensured that this trend would continue. Since the 1980s...
Complex Chapter 11 practice is, at its core, an exercise in consensus building. Mediation has historically been and remains a valuable tool in helping parties involved in Chapter 11 cases (large and small) reach consensus. Two recent examples underscore the value of mediation as a consensus...
On February 1, 2022, amended local rules for the U.S. Bankruptcy Court for the District of Delaware went into effect. Among other things, the Bankruptcy Court’s revised local rules clarify the scope of mediation confidentiality protections. The amended local rules are likely to be seen as welcome...
