Winter Issue of the ABI Law Review Includes Feature on Alternative Dispute Resolution

Winter Issue of the ABI Law Review Includes Feature on Alternative Dispute Resolution

Contact: John Hartgen
             [email protected]



March 4, 2010, Alexandria, Va. — The American Bankruptcy Institute (ABI) Winter 2009 Law Review (Volume 17, No. 2) features eleven articles and one student thesis that examine a number of timely insolvency topics. The articles cover such issues as multiple claims, issues surrounding the chapter 13 estate and the fiduciary responsibility of the debtor-in-possession. The issue also contains a set of feature articles looking at alternative dispute resolution in the bankruptcy process.

Winter Issue articles include:

  • “Multiple Claims, Ivanhoe and Substantive Consolidation” by Daniel J. Bussel of Klee, Tuchin, Bogdanoff & Stern LLP (Los Angeles)
  • “The Chapter 13 Estate and Its Discontents” by Prof. David Gray Carlson of Yeshiva University, Cardozo Law School (New York)
  • “Are DIP and Committee Counsel Fiduciaries for Their Clients’ Constituents or the Bankruptcy Estate? What Is a Fiduciary, Anyway?” by Susan M. Freeman of Lewis and Roca LLP (Phoenix)

Articles for the “Alternative Dispute Resolution Meets Bankruptcy: Cross-purposes or Cross-pollination?” series include:

  • An introduction to the Alternative Dispute Resolution series by attorney Elayne E. Greenberg
  • “Some Reflections from the Bench on Alternative Dispute Resolution in Business Bankruptcy Cases” by Bankruptcy Judge Elizabeth S. Stong (E.D.N.Y., Brooklyn)
  • “The Uses of Mediation in Chapter 11 Cases” by Prof. Ralph Peeples of Wake Forest University School of Law (Winston-Salem, N.C.)
  • “You’ve Got Your Mother’s Laugh: What Bankruptcy Mediation Can Learn from the Her/History of Divorce and Child Custody Mediation” by Prof. Nancy A. Welsh of the Penn State University Dickinson School of Law (Carlisle, Pa.)
  • “The Third Way: Mediation of Products Claim in the Piper Aircraft Trust” by Prof. William J. Woodward Jr. of Temple University
  • “Bankruptcy Law’s Treatment of Creditors’ Jury Trial and Arbitration Rights” by Prof. Stephen J. Ware of the University of Kansas School of Law
  • “Limiting Litigation over Arbitration in Bankruptcy” by Prof. Marianne B. Culhane of the Creighton University School of Law
  • “Arbitration, Bankruptcy, and Public Policy: A Contractarian Analysis” by Prof. Paul F. Kirgis of St. John's University School of Law
  • “Conclusion: We Can Work It Out: Entertaining a Dispute Resolution System Design for Bankruptcy Court” by Elayne E. Greenberg

The student thesis examines whether §1141(d)(6) of the Bankruptcy Code will have a negative effect on corporate chapter 11 reorganizations by rendering SEC claims non-dischargeable.

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 2009 issue should contact John Hartgen at 703-894-5935 or jhar[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 12,400 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