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This panel discusses the role of the subchapter V trustee, the parallels with mediation, and the meaning of "facilitating the development of a consensual plan."
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]
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.
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.
This webinar will discuss efforts currently underway to amend Bankruptcy Rule 9031 to expand judges’ toolboxes and allow for the appointment of special neutrals (a.k.a. special masters), and will focus on practical considerations in evaluating such an amendment.
Using the current proposed amendments to Bankruptcy Rule 9031 as an example, this panel will provide an overview on how to add, delete or revise the Bankruptcy Rules from concept to a successful enacted rule change.
