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Spring Issue of the ABI Law Review Features Non-Bankruptcy Alternatives for Distressed Debtors ABIs Distressed Sector Discussions Home Mortgage Issues and More

Contact: John Hartgen
              (703) 739-0800
[email protected]



July 30, 2009, Alexandria, Va. — The American Bankruptcy Institute (ABI) Spring 2009 ABI Law Review (Volume 17, No. 1), features eight articles and one student thesis looking at a number of timely insolvency topics, including a series on non-bankruptcy alternatives, an essay on home mortgages and chapter 13 bankruptcy and an examination of fraudulent conveyance. The non-bankruptcy alternatives series examines assignments for the benefit of creditors, a model for creditor assignments and trust mortgages. The issue also contains the transcripts of ABI’s distressed sector media teleconference series, which featured experts examining the financial difficulties being experienced in the retail, automotive and real estate industries.

The “Relief Without a Petition: Non-Bankruptcy Alternatives” series includes the following articles:

  • Robert Richards of Sonnenschein Nath & Rosenthal LLP (Chicago) and Nancy Ross of High Ridge Partners (Chicago): “Practical Issues in Assignments for the Benefit of Creditors.”
  • Geoffrey L. Berman of Development Specialists (Los Angeles) and Catherine E. Vance of Development Specialists (Columbus, Ohio): “Model Statute for General Assignments for the Benefit of Creditors: The Genesis of Change.”
  • Daniel C. Cohn and Nathan R. Soucy of Cohn Whitesell & Goldberg LLP (Boston): “Trust Mortgages: An Under-Appreciated Tool.”

The “Roundtable Discussions” series features the following transcripts from ABI’s Distressed Sector media teleconferences:

  • Laura Davis Jones of Pachulski Stang Ziehl & Jones (Wilmington, Del.), Scott Avila of Corporate Revitalization Partners, LLC (Los Angeles), Howard Brod Brownstein of NachmanHaysBrownstein, Inc. (Philadelphia) and Moderator and former ABI Resident Scholar Prof. Jack F. Williams of Georgia State University (Atlanta) discussing “The Future of Retail Sector Distress.”
  • Deborah L. Thorne of Barnes & Thornburg LLP (Chicago), Ronald J. Silverman of Bingham McCutchen LLP (New York), Ben Pickering of Mesirow Financial Consulting, LLC (New York) and Moderator and former ABI Resident Scholar Prof. Jack F. Williams of Georgia State University (Atlanta) discussing “The Future of Automotive Sector Distress.”
  • Rebecca Roof of AlixPartners (New York), Greg Apter of Hilco Real Estate (Chicago) and Moderator and former ABI Resident Scholar Prof. Jack F. Williams of Georgia State University (Atlanta) discussing “The Future of Real Estate Industry Distress.”

Additional articles in the Law Review include:

  • Prof. Robert M. Zinman of St. John’s University School of Law (Jamaica, N.Y.) and Novica Petrovski, law clerk to Bankruptcy Judge Dennis E. Milton (E.D.N.Y.): “The Home Mortgage and Chapter 13: An Essay on Unintended Consequences.”
  • Nicholas C. Rigano of Hahn & Hessen LLP (New York): “Fraudulent Conveyance Law: Destroying Free Exercise Rights at a Church Near You.”

A student thesis examines §§1126(e) and 105(a) of the Bankruptcy Code to potentially subvert creditors employing credit derivatives to destroy a chapter 11 debtor.

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 international insolvency, single-asset cases, high-tech and e-commerce bankruptcies, consumer bankruptcy, the revised Article 9 of the Uniform Commercial Code and other topics.

Members of the press looking to obtain a copy of the Spring 2009 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 12,000 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