Winter Issue of the ABI Law Review Examines the SECs Role in the Bankruptcy Process Secured Lender Rights in 363 Sales Valuation in the Federal Bankruptcy Exemption Process

Winter Issue of the ABI Law Review Examines the SECs Role in the Bankruptcy Process Secured Lender Rights in 363 Sales Valuation in the Federal Bankruptcy Exemption Process

Contact: John Hartgen
             [email protected]



December 13, 2010, Alexandria, Va. — The American Bankruptcy Institute (ABI) Winter 2010 Law Review (Volume 18, No. 2) features 10 articles (including a series of articles on “The SEC in Bankruptcy: Past, Present and Future”) and one student note that examine a number of timely insolvency topics. Articles for “The SEC in Bankruptcy: Past, Present and Future” series were compiled from a symposium held in October sponsored by the ABI Law Review and the Center for Bankruptcy Studies at St. John's University School of Law. The symposium brought together prominent scholars and practitioners to discuss the SEC's past and present involvement with bankruptcy and to suggest approaches for the future. Articles in the series include:

  • “The SEC in Bankruptcy” by Profs. G. Ray Warner and Keith Sharfman of St. John's University School of Law (Queens, N.Y.).
  • 'Welcome Back, SEC?' by Prof. David A. Skeel, Jr. of the University of Pennsylvania School of Law (Philadelphia).
  • 'Present at the Creation: The SEC and the Origins of the Absolute Priority Rule' by Prof. Douglas G. Baird of the University of Chicago Law School.
  • 'The SEC in Bankruptcy: Past and Present' by Alistaire Bambach of the Securities and Exchange Commission (Washington, D.C.).
  • 'Rights Offerings as a Means of Financing Exits from Chapter 11' by Colin Diamond of White & Case (New York).
  • 'Limiting the SEC’s Role in Bankruptcy' by Prof. Kelli A. Alces of the Florida State University College of Law (Tallahassee).
  • 'Controlling the Market for Information in Reorganization' by Jonathan C. Lipson of Temple University School of Law (Philadelphia) and Christopher M. DiVirgilio of ??.

Additional Winter Issue articles include:

  • The Role of Valuation in Federal Bankruptcy Exemption Process: The Supreme Court Reads Schedule C' by Prof. David Gray Carlson of the Benjamin N. Cardozo School of Law (New York).
  • 'Addressing Buyer’s or Seller’s Remorse: Pre-Bankruptcy Considerations Involving Post-Signing/Pre-Closing Strategic Transactions in a Volatile Economic Environment' by J. Eric Crupi of Hunton & Williams LLP (Washington, D.C.).
  • 'Secured Lender Rights in 363 Sales and Related Issues of Lender Consent' by Brad B. Erens and David A. Hall of Jones Day (New York).

The LL.M. thesis, “Why Successor Liability Claims Are Not ‘Interests in Property’ under §363(f)” was written by Rachel P. Corcoran, who received her LL.M. in Bankruptcy this year from St. John's University School of Law, where she was the recipient of the ABI Merit Scholarship. Now an associate at LaMonica Herbst & Maniscalco, LLP, she was a member and executive notes and comments editor of the ABI Law Review, where she established the Bankruptcy Case Blog ( Corcoran’s note explores whether successor-liability claims constitute interests in property for purposes of being sold free and clear through § 363(f) of the Bankruptcy Code.

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 a copy of the Winter 2010 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 12,600 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