Episode
State of Distressed Debt: Judge Kaplan on Bankruptcy Mediation, Venue
- Podcast
- FICC Focus
- Published
- May 25, 2026
- Duration seconds
- 1689
- Processing state
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- https://traffic.megaphone.fm/BLM4891145482.mp3
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Summary
“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.