Table of Contents
Jurisdiction | United States |
I. Introduction (Leslie A. Berkoff and John G. Loughnane)..................1
II. When Mediation Should Be Considered (Robert M. Fishman).........................................................3
A. The Dispute.................................................................................................4
B. The Procedural Posture..............................................................................6
C. The Parties and Their Respective Interests.............................................7
D. Conclusion..................................................................................................7
III. Types of Bankruptcy-Related Disputes (Robert M. Fishman - Introduction)..............................................9
A. Early-Case Issues (Scott K. Brown)........................................................12
1. Cash-Collateral Disputes...............................................................12
2. Advantages of Early-Case Mediation for Cash-Collateral Disputes...............................................................15
3. Other Early-Case Needs for Mediation........................................17
B. Middle of the Case....................................................................................18
1. Mediating Preference, Fraudulent Conveyance and Other Avoidance Actions (Francis L. Carter)..............................18
2. Breaches of Contract, Collection and Turnover Actions (John G. Loughnane).....................................31
3. Validity of Liens/Avoidance of Lien (John G. Loughnane)........33
4. Adversary Proceedings/Contested Matters (John G. Loughnane)...................................................................34
5. Disputes Relating to Claims Against the Debtor (John G. Loughnane).................................................35
C. Late-Stage Case (The Honorable Lisa Hill Fenning (Ret.)).................38
1. Plan Mediation: "Mediating" Without an Appointed Mediator........................................................................39
2. Cases that Would Especially Benefit from Having a Plan Mediator.................................................................45
3. Timing of Plan Mediation Efforts..................................................50
4. Choosing a Plan Mediator.............................................................51
D. Disputes Concerning Dischargeability in
Individual Cases (Judy W. Weiker).......................................................52
1....
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- Bankruptcy Mediation
- Front Matter
- About the Authors
- Acknowledgments
- Table of Contents
- Chapter I INTRODUCTION
- Chapter II WHEN MEDIATION SHOULD BE CONSIDERED
- Chapter III TYPES OF BANKRUPTCY-RELATED DISPUTES
- Chapter IV PROCEDURES FOR IMPLEMENTING MEDIATION
- Chapter V PREPARING FOR THE MEDIATION
- Chapter VI PARTICIPATING IN THE MEDIATION
- Chapter VII STANDARDS OF PROFESSIONAL CONDUCT FOR MEDIATORS
- Chapter VIII CONCLUSION
- Chapter IX RESOURCES
- Chapter X LOCAL RULES
- Chapter XI FORM OF ORDER ASSIGNING MATTERS TO MEDIATION
- Chapter XII FORM OF NOTICE OF SELECTION OF MEDIATOR
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