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Summer Issue of the ABI Law Review Examines IP Issues in Bankruptcy Definition of a Small Business Debtor Non-Recourse Mortgages and More

Alexandria, Va. — The American Bankruptcy Institute (ABI) Summer 2013 Law Review (Volume 21, No. 1) features four articles, one student thesis and four student notes examining a number of timely insolvency topics. The articles cover such subjects as navigating intellectual property issues in bankruptcy, the Bankruptcy Code’s “small business debtor” definition, the future of insurance risk-sharing, and an analysis of non-recourse mortgages.

Summer Issue articles include:

- “Intellectually Bankrupt?: The Comprehensive Guide to Navigating IP Issues in Chapter 11” by Peter M. Gilhuly, Kimberly A. Posin and Ted A. Dillman of Latham & Watkins LLP (Los Angeles).

- “An Argument for Simplifying the Code’s ‘Small Business Debtor’ Definition” by Prof. Anne Lawton of the Michigan State University College of Law (East Lansing, Mich.).

- “Bankruptcy and the Future of Insurance Risk-Sharing” by George W. Van Cleve the Visiting Professor of Law and History at the Seattle University School of Law.

- “Non-Recourse Mortgages—A Fresh Start” by Prof. Ron Harris of Tel Aviv University and Rabbi Dr. Asher Meir of the Business Ethics Center of Jerusalem.

The student thesis is titled “The Bankruptcy Discount: Profiting at the Expense of Others in Chapter 11” by Michael T. Roberts, LL.M. Candidate, Georgetown University Law Center and a New York-based consultant in the investment management industry as well as a special project consultant to ABI’s Commission to Study the Reform of Chapter 11.

The final section of the Summer edition of the Law Review includes the following notes from students of the St. John’s University School of Law:

- “Take from the Fraudulent and Give to the Defrauded: The Code’s Use in Asset Recovery in Criminal Securities Fraud Cases” by MaryBeth C. Allen.

- “A New Reading of the Ordinary Course of Business Exception in Section 547(c)(2)” by Bryan Kotliar.

- “Lien-Stripping in Consumer Bankruptcy: Debtors Cannot Strip Liens Down Partially, but Can They Strip Them Off Entirely? The Answer Should Be No” by David N. Saponara.

- “The Use of Foreign Avoiding Powers under Section 1521(a)(7) in Chapter 15 Cases” by Katelyn Trionfetti.

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 a variety of timely insolvency topics, including distressed sectors, single-asset cases, consumer bankruptcy, the revised Article 9 of the Uniform Commercial Code and other topics. Members of the press looking to obtain any of the articles from the Summer 2013 issue should contact John Hartgen at 703-894-5935 or jhartgen@abiworld.org.