Join Today and Benefit Daily from ABI's 35+ Years of Insolvency Expertise.
Join Today!
Help Center

ABI Law Review Winter Issue Examines Hedge Fund Issues in Bankruptcy 363 Sales Intersection of Labor and Bankruptcy Law and More

Alexandria, Va. — The American Bankruptcy Institute (ABI) Winter 2014 Law Review (Volume 22, No. 1) features a special compendium of articles from presenters at the ABI/St. John’s University Law “Hedge Funds in Bankruptcy” Symposium held in October 2013, along with two articles and two student notes. The special section examines many issues surrounding hedge funds in bankruptcy, while the articles cover 363 sales and a list of lessons for Congress to ponder about the intersection of labor and bankruptcy law. The special compendium of articles submitted by presenters at the ABI/St. John’s Fall 2013 “Hedge Funds in Bankruptcy” Symposium include: - “The Role of Distressed Debt Markets, Hedge Funds and Recent Trends in Bankruptcy on the Outcomes of Chapter 11 Reorganizations” by Prof. Edward I. Altman of New York University (New York). - “Issues that the SEC Confronts in the Liquidation of Hedge Funds” by Alistaire Bambach of the U.S. Securities & Exchange Commission (Washington, D.C.). - “Auction Design for Claims Trading” by Prof. Anthony Casey of the University of Chicago Law School (Chicago). - “The Aftermath of WaMu: A Problem Still in Search of A Solution” by Eric B. Fisher of Dickstein Shapiro LLP (New York). - “Activist Investors, Distressed Companies, and Value Uncertainty” by Prof. Michelle M. Harner of the University of Maryland School of Law (College Park, Md.) - “Hedge Funds’ Systemic Risk Disclosures in Bankruptcy” by Prof. Wulf Kaal of the University of St. Thomas School of Law (Minneapolis, Minn.). - “Furthering the Goals of Chapter 11: Considering the Positive Role of Hedge Funds in the Reorganization Process” by Daniel Kamensky of Paulson & Co. Inc. (New York). - “Settlement Talks in Chapter 11 After “WaMu”: A Plan Mediator’s Perspective” by Bankruptcy Judge James M. Peck (S.D.N.Y.; New York). Articles in the Winter issue include: - “Acquisitions in Bankruptcy: 363 Sales versus Plan Sales and the Existence of Fire Sales” by Prof. Anne M. Anderson of Lehigh University (Bethlehem, Pa.). - “Ten Lessons for Congress to Ponder about the Labor-Bankruptcy Intersection” by Prof. Daniel Keating of Washington University School of Law (St. Louis, Mo.). Notes included in the Winter edition of the Law Review from students of the St. John’s University School of Law include: - “The Bankruptcy Politician: A Study of the Relationship Between Bankruptcy and the Campaign Finance Funds and a Proposal for Change” by Patrick McBurney. - “Exploring the Enforceability of Pre-Petition Hindrance Mechanisms to Prevent Bankruptcy” by Joshua Eisenson. ABI’s Law Review, published in conjunction with St. Johns University School of Law in Jamaica, N.Y., is among the most cited and respected scholarly publications in the bankruptcy community. It has the largest circulation of any bankruptcy law review. Past issues of the Law Review have focused on a variety of timely insolvency topics, including distressed sectors, single-asset cases, consumer bankruptcy, the revised Article 9 of the Uniform Commercial Code and other topics. Members of the press looking to obtain any of the articles from the Winter 2014 issue should contact John Hartgen at 703-894-5935 or ### ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 13,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit For additional conference information, visit