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Re-examining the Stigma of Bankruptcy, Adjudicating Securities Law Violations, Seventh Amendment Jury Trial Rights and More Featured in the Summer 2018 Edition of the ABI Law Review

Alexandria, Va. — The American Bankruptcy Institute (ABI) Summer 2018 Law Review (Volume 26, No. 2) features six articles that examine a number of timely insolvency topics. One article, titled, “The Persistence of Bankruptcy Stigma,” presents the findings of a study by Prof. Michael D. Sousa of the University of Denver that show that the stigma surrounding personal bankruptcy has actually increased, not decreased, over time. “The results of this study should not only serve to reinvigorate the debate regarding Americans' views about the bankruptcy process from a social perspective, but it also offers evidence for policymakers and Congress should they choose to reexamine the 2005 amendments to the Bankruptcy Code,” Prof. Sousa writes.

Additional articles in the Summer edition of the Law Review include:

  • “The Supreme Court Is Not Ready to Tell Us When a Trustee or Debtor-in-Possession Possesses Seventh Amendment Jury Trial Rights in Bankruptcy … Here Is What We Know in the Meantime,” by Katie Drell Grissel of Vinson & Elkins L.L.P. (Dallas).
  • “’But Judge, the Dog Ate My Bank Statements While I Was Betting on the Ponies at the Track’: Towards Judicial Consistency in the Debtor’s Judicial Recordkeeping Requirements in the Unpredictable World of Chapter 7 Bankruptcy,” by attorney Andrew F. Emerson of Mt. Pleasant, Mich.
  • “Adjudicating Securities Law Violations in the Age of Limited Bankruptcy Court Jurisdiction,” by Ryan D. Zick of Price, Postel & Parma LLP (Santa Barbara, Calif.) and Jeff Tchakarov of Zieve, Brodnax & Steele, LLP (Irvine, Calif.).  
  • “The Mandate and Authority of Examiners,” by Stefan Korch, Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law (Hamburg, Germany).
  • “Savings: The Missing Element in Chapter 13 Bankruptcy Cases?,” by Chief Bankruptcy Judge David R. Jones (S.D. Tex.; Houston)

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 and revised Article 9 of the Uniform Commercial Code.

Members of the press looking to obtain any of the articles from the Summer 2018 issue should contact John Hartgen at 703-894-5935 or jhartgen@abiworld.org.

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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 www.abiworld.org. For additional conference information, visit http://www.abi.org/calendar-of-events.