Spring Issue of the ABI Law Review Features Substantive Consolidation Serial Filings and More

Spring Issue of the ABI Law Review Features Substantive Consolidation Serial Filings and More

Contact: John Hartgen
             [email protected]



April 24, 2008, Alexandria, Va. — The American Bankruptcy Institute (ABI) Spring 2008 ABILaw Review (Volume 16, No. 1), features seven articles and one student thesis looking at a number of timely insolvency topics, including substantive consolidation, distressed-debt investing and the effect that filing a chapter 11 case in Delaware has on the likelihood of a debtor refiling for bankruptcy. The issue also contains an analysis of the legal precedent set in 1993 by the U.S. Supreme Court regarding the admissibility of expert witnesses' testimony during federal legal proceedings, known as the “Daubert standard.”

Spring Issue articles include:

  • Prof. William H. Widen of the University of Miami School of Law: “Prevalence of Substantive Consolidation in Large Public Company Bankruptcies from 2000 to 2005.” Prof. Widen was awarded a grant by the ABI Endowment in 2006 to further study the prevalence of substantive consolidation in large corporate bankruptcies.
  • Prof. Jackie Gardina of the Vermont Law School: “The Bankruptcy of Due Process: Nationwide Service Process, Personal Jurisdiction and the Bankruptcy Code.”
  • Prof. Michelle M. Harner of the University of Nebraska’s College of Law: “Trends in Distressed Debt Investing: An Empirical Study of Investors’ Objectives.”
  • Prof. C. Scott Pryor of the Regent University School of Law: “The Missing Piece of the Puzzle: Perspectives on the Wage Priority in Bankruptcy.”
  • ABI Resident Scholar Prof. Jack F. Williams of Georgia State University Law School, Bankruptcy Judge Stan Bernstein (E.D.N.Y) and Susan H. Seabury of BDO Seidman, LLP: “Squaring Bankruptcy Valuation Practice with Daubert Demands.”
  • Prof. Stephen J. Lubben of Seton Hall University Law School: “Delaware’s Irrelevance.” Prof. Lubben’s analysis was included within the overall results of the ABI Endowment’s landmark professional fee study released in 2007.
  • Prof. Jay L. Zagorsky of Ohio State University and Prof. Lois R. Lupica of the University of Maine School of Law: “A Study of Consumers’ Post-Discharge Finances: Struggles, Stasis, or Fresh-Start?”

A student thesis recognizes the breadth of nonassignable contracts in bankruptcy and the enforcement of nonbankruptcy law as bankruptcy policy. The Spring issue will be mailed next month.

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 2008 issue should contact John Hartgen at 703-739-0800 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 nearly 11,700 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.