Impact of Arkison Home Mortgage Cramdown and Specialization in Judicial Decision-Making Among the Topics Examined in the Summer Edition of the ABI Law Review

Impact of Arkison Home Mortgage Cramdown and Specialization in Judicial Decision-Making Among the Topics Examined in the Summer Edition of the ABI Law Review

Alexandria, Va. — The American Bankruptcy Institute’s (ABI) Summer 2014 Law Review (Volume 22, No. 2) features a special roundtable discussing the impact of the Supreme Court's ruling in Executive Benefits Insurance Agency v. Arkison. The Law Review held a teleconference panel discussion within days of the June 9 ruling by the Supreme Court on the case. Panelists included Hon. Eugene R. Wedoff (N.D. Ill.; Chicago), chair of the Judicial Conference Committee on Bankruptcy Rules; Dean Erwin Chemerinsky, distinguished constitutional scholar and Professor of First Amendment Law and dean of the University of California-Irvine School of Law; Richard B. Levin, a partner with Cravath, Swaine & Moore in New York and one of the architects of the Bankruptcy Code; and John Rao of the National Consumer Law Center in Boston. Prof. Michelle M. Harner (University of Maryland Francis King Carey School of Law; Baltimore) moderated the panel discussion. Panelists also previewed the coming Wellness International argument, which will address whether parties can confer jurisdiction on the bankruptcy court by consent.

Articles in the Summer issue include:

  • “How Amending Section 521 to Include a Statutory Ride-Through Provision Would Resolve Asset Retention Problems in Consumer Bankruptcy” by Joshua Eisenson of Brown Rudnick LLP (Washington, D.C.)
  • “Bonding Against Bankruptcy: Protecting Judgments Pending Appeal” by Alan J. Friedman and Michael P. McMahon of Irell & Manella LLP (Newport Beach, Calif.)
  • “Home Mortgage Cramdown in Bankruptcy” by Richard S. Gendler of Richard S. Gendler & Associates, P.A. (Miami)
  • “Specialization in Judicial Decision-Making: Comparing Bankruptcy Panels and Federal District Court Judges” by Professor Robert M. Howard of Georgia State University (Atlanta) and Assistant Professor Shenita Brazelton of Old Dominion University (Norfolk, Va.)
  • “Contemplating the Recognition of a Common Law Tort for Wrongfully Refusing to Hire Bankruptcy Debtors” by Michael D. Moberly of Ryley, Carlock & Applewhite (Phoenix)
  • “Mandatory Indemnification in Claims Trading: Preserving the Purposes of Sections 502(d) and 510(c) of the Bankruptcy Code” by Nicholas J. Morin of Curtis, Mallet-Prevost, Colt & Mosle LLP (New York)
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 Summer 2014 issue should contact John Hartgen at 703-894-5935 or [email protected] ### 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 www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.