State of Distressed Debt: Judge Kaplan on Bankruptcy Mediation, Venue

“I’ve been shocked by the attention the issue as far as my mediating cases that are before me has gotten because in my view it’s just a label,” US Bankruptcy Judge Michael Kaplan said, addressing the scrutiny surrounding his role as a mediator in cases pending before him. Bankruptcy judges “have always brought parties into chambers in an effort to settle matters when it’s consensual.” In a conversation with Bloomberg Intelligence’s Negisa Balluku at the Beard Group’s Distressed Investing Media Night on May 19, Judge Kaplan framed bankruptcy judges as trial-level problem solvers, discussed his Multi-Color venue opinion, and raised concerns about the speed and cost of Chapter 11, as well as the weakening effect that liability management exercises can have on future debtors.