Mediation as an Effective Alternative in Bankruptcy Litigation, Part I

Clark, Leif M.
July 2013
Bankruptcy & Insolvency Litigation;Summer2013, Vol. 18 Issue 4, p12
The article deals with the subject of mediation in bankruptcy. Topics discussed are the reasons people avoid it, its effective use and ethical issues, as well as effective advocacy, adversarial process and settlement. Also mentioned are the forces in bankruptcy which include the creditors' committees, senior lenders and debtor-in-possession financiers.


Related Articles

  • 2nd Lien Lenders Prepare For Combat. O'Leary, Christopher // High Yield Report;4/3/2006, Vol. 17 Issue 13, p1 

    The article focuses on the trend in favor of second lien lenders in the U.S., particularly in intercreditor agreements. An example is cited in bankruptcy negotiations involving Calpine Corp. wherein second and first lien lenders are combating for claims. Contention between the two includes...

  • Alan Lakey: Further evidence of lender rigidity.  // Money Marketing (Online Edition);8/31/2012, p20 

    The author comments on stern rigidity displayed by many lenders when assessing mortgage applications. He says that the process of assessing mortgage applications should be streamlined due to the experience and knowledge of the lenders. Abbey for Intermediaries issued a mortgage offer which...

  • Contracted out. Ray, Devraj // Money Marketing (Online Edition);1/23/2014, p51 

    The author reports on brokers seeking better mortgage deals made available for contractors in Great Britain. He says that brokers seek more flexibility from moneylenders when it comes to contract workers looking to secure a mortgage. A range of products for contractors were introduced by...

  • THE STANDARD OF VALUE. Monroe, A. E. // Quarterly Journal of Economics;Feb32, Vol. 46 Issue 2, p251 

    This article discusses key issues relevant to the standard of economic value. It is true that the price policy which would eliminate the inflation inimical to sound business might not meet the requirements of equity, but since debtors and creditors can make provision in their contracts against...

  • Venture creditors seize 9 Winget companies, force them into Ch. 11. Kosdrosky, Terry // Crain's Detroit Business;5/31/2004, Vol. 20 Issue 22, p3 

    The banks and secured creditors of bankrupt auto supplier Venture Holdings Co. LLC are trying to jumpstart a reorganization with or without founder Larry Winget. The company's pre-Chapter 11 petition lenders, led by Bank One NA, took over and appointed new directors to nine companies outside of...

  • The Treatment of No-Call Provisions, Prepayment Premiums, and Make-Whole Damages Under the Bankruptcy Code. Elkind, David S.; Chang, James // Pratt's Journal of Bankruptcy Law;Jul2011, Vol. 7 Issue 5, p387 

    When a borrower files for bankruptcy, lenders' rights under no-call, prepayment premium, or similar provisions may be limited by the Bankruptcy Code. In this article, the authors discuss the issues presented by the cases: the lender's right to a secured claim based upon such provisions; the...

  • CDS May Make Workouts Trickier. K. L. // High Yield Report;9/19/2005, Vol. 16 Issue 35, p1 

    Reports on the issues concerning the effectivity of the changes to the U.S. bankruptcy laws on October 17, 2005. Impact of the amended law on creditors; Gain of lenders from purchasing credit derivatives and credit default swaps; Agenda of the restructuring deals of hedge funds.

  • Keeping Current. Combest, Christopher // Business Law Today;May2013, Vol. 22 Issue 5, p1 

    The article presents information on homeowner bankruptcy cases with reference to the U.S. Supreme Court, in Dewsnup v. Timm case ruling. The ruling has barred Chapter 7 debtors from stripping down partially-secured claim of creditors to the value of the collateral securing it. An unanimous panel...

  • RÄ‚SPUNDEREA PATRIMONIALÄ‚ CARE OPEREAZÄ‚ ÃŽN DOMENIUL FINANCIAR. Roman, Costantin; Roman, Aureliana Geta; Tabără, Vasile // Metalurgia;apr2007, Vol. 59 Issue 4, p45 

    The responsibility concerning the patrimonium is a form of juridical responsibility which aims at restablishing the situation of the prejudiced person, prior to the accomplishment of the illegal act that has determined its diminshment. The patrimonial forms encompass the impelling reports, on...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics