Alternative Dispute Resolution

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Frustration and Fallout: The Consequences of an Untimely Withdrawal of a Motion for Rule 11 Sanctions

Judge Rodriquez of the U.S. Bankruptcy Court for the Southern District of Texas issued an opinion in December 2024 which reinforced the axiom that actions have consequences.[1] In re Garcia Grain Trading Corp. v. Plascencia.[2] Specifically, Judge Rodriquez determined that the bad faith of a defendant movant justified fee-shifting and directed the plaintiff’s counsel to submit a fee application for their related work, which remains under advisement.

Alternatives to Bankruptcy, Cannabis Issues and Cross-Border Insolvency

Progress in Worldwide Judicially Sponsored Dispute Resolution

July 2025

Comparable Companies: If It Ain’t Broke, Don’t Fix It

July 2025

Mediation in Subchapter V Cases

The Subchapter V Trustee as Mediator: Lessons Learned over Five Years

Many courts have noted the unique role of the subchapter V trustee to facilitate the development of a consensual plan, somewhat akin to a mediator’s role, which is in contrast with the roles of other types of bankruptcy trustees that “tend to be adversarial to the debtor by virtue of their duties to protect the bankruptcy estate and its creditors.” [1]

Mediation and Insolvency: The Italian Approach

On July 1, 2022, Italy implemented a new legal mechanism aimed at preventing financial distress and corporate insolvency. This development represents a significant milestone in the broader reform of Italian insolvency law.

Committee News

The Mediation Committee is off to a strong start in 2025! On March 3, 2025, the Mediation Committee hosted a webinar titled, “Amending Bankruptcy Rule 9031: Recent Efforts to Expand Bankruptcy Judges’ Toolboxes.” It featured Hon. Michael B. Kaplan (D. N.J.), Merril Hirsh of the Academy of Court-Appointed Neutrals and Sylvia Mayer of S. Mayer Law. The knowledgeable and lively panel addressed the efforts currently underway to amend Bankruptcy Rule 9031 to expand judges’ toolboxes and allow for the appointment of special neutrals (a.k.a.