April 2022
Feature Article
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Best Practices for Financial Advisors in Bankruptcy Mediation
Many complex litigation and bankruptcy issues are best suited for discussion outside of the purview of the bankruptcy judge, and the parties would be well served to test the strengths (and weaknesses) of their positions in a mediation setting. Financial advisors play a key role in preparing their clients for mediation and advising them during […]
More from this Issue
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The Growing Role of Mediation in Bankruptcy
As bankruptcy cases have become more complex and litigious, mediation has increasingly offered a forum for negotiation. Formal litigation of disputes in bankruptcy cases and adversary proceedings frequently imposes significant economic burdens on parties and delays resolution of those disputes. In contrast, mediation provides litigants with the means to resolve their disputes more quickly, at […] -
Finding a Pathway to Compromise
In this issue of the JCR we focus on the cutting-edge topic of mediation, a subject near and dear to me. Having been a mediator and teacher of mediation, I am glad for this opportunity to share my thoughts on this important topic and what it means to the professionals of TMA. Mediation speaks to […] -
Bringing People Together
As we enter Q2, I revel in the many accomplishments TMA has achieved in the first three months of 2022, following the new normal we’ve been living in for the past two years. TMA chapters once again are coming together for regional conferences, many chapters continue to socialize virtually with geographically distant chapters to further […] -
Best Practices for Financial Advisors in Bankruptcy Mediation
Many complex litigation and bankruptcy issues are best suited for discussion outside of the purview of the bankruptcy judge, and the parties would be well served to test the strengths (and weaknesses) of their positions in a mediation setting. Financial advisors play a key role in preparing their clients for mediation and advising them during […] -
How Bankruptcy Courts Weigh Requests to Compel or Intervene in Mediation
Frequently, parties locked in a dispute in a bankruptcy case are able to reconcile their differences through a mediation process, as permitted by the local rules and often with encouragement of the court. While Bankruptcy Courts welcome mediation between consenting parties, a court’s discretion is required to either compel an objecting party to participate in […] -
Amendments to Delaware Local Rules Clarify the Scope of Mediation Privilege
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 development for restructuring professionals practicing in Delaware—a jurisdiction […] -
Two Recent Complex Cases Demonstrate the Value of Mediation in Building Consensus
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 building tool. The Chapter 11 cases of Intelsat S.A. […] -
Subchapter V Provides a Promising Path for Settling Disputes in Bankruptcy
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, Bankruptcy Courts have strongly favored and encouraged mediation. Even before Congress enacted […] -
Pros and Cons of Pre-Discovery Mediation in Mega Bankruptcy Adversary Proceedings
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 which litigants should be wary. In 2020, 60 companies filed mega bankruptcies,1 the highest number of such […] -
Piece-fully Switching Gears: Greg Charleston
Q: How did you gravitate into turnaround and restructuring work? Charleston: Like most turnaround consultants and crisis managers, I stumbled into it by accident. After grad school, I had joined Ernst & Young in the financial consulting group. At the time, it was called the Special Services Group, which did some things that I thought were sexy, like business valuation, litigation […] -
Newcomers: April 2022
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 Slicker, Greenberg Traurig LLP Samuel Wimpfheimer, Rosenthal & Rosenthal Inc. California – Northern […]
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