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November Edition of the ABI Journal Features Special Sections Examining Detroit and Consumer Bankruptcy Issues

Alexandria, Va. — Two special sections in the November edition of the ABI Journal examine both Detroit’s landmark bankruptcy case and current topics in consumer bankruptcy. Articles included in the special Detroit section of the Journal include the following: - In "The Looming Chapter 9 Battle over State Protection of Vested Public Employee Pension Benefits," Mark S. Kaufman and B. Summer Chandler of McKenna Long & Aldridge LLP (Atlanta) look at recent chapter 9 cases, including Detroit, to examine whether a municipal debtor can pay its pension debt less than in full, even when applicable state constitutional provisions provide that such obligations must not be impaired. - Thomas M. Horan and Ericka Fredricks Johnson of Womble Carlyle Sandridge & Rice LLP (Wilmington, Del.) write in "The Debtor Has No Estate, and Other Tales: Why Chapter 9 Looks Different from Chapter 11" about the significant differences between chapter 9 and a typical commercial chapter 11 case. - Since the Detroit chapter 9 is also noteworthy in the number of women lawyers involved in the case, Susan E. Trent of Rothberg Logan & Warsco LLP (Fort Wayne, Ind.) provides a brief historical perspective of women in the legal profession in her article "Detroit as Catalyst for Discussion on Women Lawyers in History." - "Detroit’s Art: Priceless Public Treasure or the City’s Disposable Assets?" provides a look by Emmanuel U. Obi and Camisha L. Simmons of Norton Rose Fulbright (Dallas) at what might happen to Detroit’s legendary art collection in its chapter 9 case. - Esther E. Tryban Tesler examines whether it is necessary for municipalities to use local counsel in “Local Governments Need Relief from the Local Counsel Requirement.” Articles in the special consumer bankruptcy section of the November ABI Journal include the following: - G. Thomas Curran Jr. writes on an attorney’s due-diligence responsibilities prior to a client filing for bankruptcy in “How Much Diligence is Due? Defining an Attorney's Duty to Perform a Pre-Petition Inquiry." - Profs. Ann A. Berry and Dena Wise of the University of Tennessee (Knoxsville, Tenn.) provide a framework for organizing the multiple factors related to consumer bankruptcy in their article "Ecological Factors Related to Consumer Bankruptcy." - In "Making Sense of Median-Income Data Used in Means Testing," ABI consultant Ed Flynn, who previously worked for more than 30 years at the Executive Office for U.S. Trustees and the Administrative Office of the U.S. Courts, takes a closer look at median-income data used in means testing that was instituted for consumer bankruptcies by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. - "But Wait, There's More! When Laws Conflict" by Debra L. Miller, the standing chapter 13 trustee for the Northern District of Indiana (Ft. Wayne, Ind.), looks at potential problems that can arise when a creditor files a timely deficiency claim. - Frank W. Volk (U.S. Bankruptcy Court, S.D. W.Va.; Charleston, W.Va.) explores the appealability of a denial of a bankruptcy plan confirmation in "Closing a Deep Divide: Appealing a Denial of Plan Confirmation." - Thomas D. DeCarlo points out flaws in the existing consumer bankruptcy forms in “It’s Time to Fix the Forms: Unemployment Compensation Not a Benefit under the Social Security Act.” To obtain an article or a full copy of the November issue of the ABI Journal, please contact John Hartgen at 703-894-5935 or via email at ### 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