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Bad Faith Dismissals of Involuntary Petitions, Fraudulent Conveyance Law, Limiting Leverage of Unsecured Creditors' Committees and More Featured in the Winter 2018 Edition of the ABI Law Review

Alexandria, Va. — The American Bankruptcy Institute (ABI) Winter 2018 Law Review (Volume 26, No. 1) features four articles that examine a number of timely insolvency topics. The articles cover such issues as bad faith dismissals in involuntary petitions, a call for Congress to amend § 546(e) to harmonize fraudulent conveyance law, a proposal to limit the leverage of unsecured creditors’ committees when unsecured creditors are “out-of-the-money” and simplifying benefits to servicemembers with student loans.

Articles include:

  • “The Consequences of a Relic’s Codification: The Dubious Case for Bad Faith Dismissals of Involuntary Bankruptcy Petitions” by Amir Shachmurove of Troutman Sanders LLP (Washington, D.C.).
  • “A Note to Congress: Amend Section 546(e) of the Bankruptcy Code to Harmonize the Underlying Policies of Fraudulent Conveyance Law and Protection of the Financial Markets” by Prof. Peter V. Marchetti of Thurgood Marshall School of Law-Texas Southern University (Houston).
  • “Bankruptcy Needs to Get Its Priorities Straight: A Proposal for Limiting the Leverage of Unsecured Creditors’ Committees When Unsecured Creditors Are ‘Out-of-the-Money’” by Josef S. Athanas, Matthew L. Warren and Emil P. Khatchatourian of Latham & Watkins LLP (Chicago).  
  • “Paying the Debt: The Government's Obligation to Our Servicemembers and Its Duty to Simplify the Various Benefits Provided to Servicemembers with Student Loans” by Cody M. Allen of Huff, Powell & Bailey LLC (Atlanta).


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. Now in its 26th year, it has the largest circulation of any bankruptcy law review. Past issues of the Law Review have focused on a variety of timely insolvency issues, including chapter 11 reform, distressed sectors, single-asset cases, consumer bankruptcy, 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 2018 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 nearly 11,000 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


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