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
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June 19, 2006, Alexandria, Va. — The American Bankruptcy Institute (ABI) Spring 2006 ABI Law Review (Volume 14, No. 1), features seven articles and two student notes looking at a number of timely insolvency topics, including substantive consolidation, “good faith” requirements in chapter 11 liquidations and an empirical study of repeat bankruptcy filings. The issue also contains an analysis of the Supreme Court’s sovereign immunity jurisprudence.

“State Sovereign Immunity: Bankruptcy Is Special,” written by Prof. Richard Lieb of St. John’s University School of Law, covers the Court’s recent decision in Central Virginia Community College v. Katz. Lieb reviews the Court’s jurisprudence on the Eleventh Amendment as it relates to jurisdiction in bankruptcy courts, and the lessons learned from Seminole Tribe, Hood and Katz decision.

Seth D. Amera of Microsoft Corp. (Redmond, Wash.) and Allan Kolod of Moses & Singer LLP (New York) in “Substantive Consolidation: Getting Back to Basics,” criticize the Third Circuit’s decision in Owens Corning for diminishing judges’ discretion in substantive consolidation litigation.

“Prevalence of Substantive Consolidation in Large Bankruptcies from 2000 to 2004: Preliminary Results” by Prof. William H. Widen of the Univeristy of Miami School of Law informs readers how influential the doctrine of substantive consolidation is in reorganization negotiations. Prof. Widen was recently awarded a grant by the ABI Endowment to further study the prevalence of substantive consolidation in large corporate bankruptcies.

Prof. Jason J. Kilborn of the University of North Dakota writes on the proactive efforts of Belgium and Luxembourg to pass debt relief legislation and examines new systems in his article “Continuity, Change and Innovation in Emerging Consumer Bankruptcy Systems: Belgium and Luxembourg.”

“Intra-Committee Conflicts, Multiple Creditors’ Committees, Altering Committee Membership and Other Alternatives for Ensuring Adequate Representation under Section 1102 of the Bankruptcy Code” features an examination by Kurt F. Gwynne of Reed Smith LLP (Wilmington, Del.) of committees’ representation of all unsecured creditors despite conflicts of interest.

In “The Implicit ‘Good Faith’ Requirement in Chapter 11 Liquidations: A Rule in Search of a Rationale?,” Ali M.M. Mojdehi and Janet Dean Gertz of Baker & McKenzie LLP (San Diego) argue that the good-faith requirement has a limited role when applied to debors liquidating under a chapter 11 plan.

“Bankruptcy Repeat Filings,” by John Golmant and Tom Ulrich of the Administrative Office of the U.S. Courts (Washington, D.C.) provides the first comprehensive report of consumer bankruptcy repeat filing rates to find that 8 percent of consumer pre-BAPCPA were repeat filers.

Student notes cover the results that are obtained when bankruptcy intervenes in domestic relations cases and the timely question of whether the new law violates attorneys’ first amendment rights.


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 11,500 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.