Winter Issue of the ABI Law Review Takes a Closer Look at the New Bankruptcy Law
Contact: John Hartgen
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WINTER ISSUE OF THE ABI LAW REVIEW TAKES A CLOSER LOOK AT THE NEW BANKRUPTCY LAW
Prof. Charles J. Tabb of the
In “Rash and Ride-Through Redux: The Terms for Holding on to Cars, Homes and Other Collateral under the 2005 Act,” Prof. Jean Braucher of the University of Arizona explores the questions left unanswered by BAPCPA pertaining to the ride-through of real property in a bankruptcy proceeding.
Looking at the new involuntary filing provision of BAPCPA of an individual chapter 11 case, an article by Robert Keach of Bernstein, Shur, Sawyer & Nelson PA (Portland, Maine) assesses the constitutional arguments under the Thirteenth Amendment against involuntary filings.
Prof. Jay Westbrook of the
In an article titled “”Enron and the New Disinterestedness- The Foxes Are Guarding the Henhouse,” Dean Nancy Rapoport of the University of Houston draws on her work on the Enron bankruptcy to attack BACPCA’s changes to the “disinterestedness standard,” which previously ruled out certain investment bankers from advising or working for a company in bankruptcy in which they may have a conflict of interest.
Hank Hildebrand of Lassiter, Tidwell
& Hilldebrand PLLC (
Profs. Karen Gross of
The new “means test” of the BACPCA will make it harder and more expensive for low-income debtors to file for bankruptcy, which Dean Peter Alexander of Southern Illinois University writes will nullify the benefits of the “domestic support obligations” within the law. Alexander argues that this will be especially harmful to women and children.
Lawrence Ahern of Greenebaum Doll
& McDonald PLCC (
Prof. David Epstein of Southern Methodist University and Lisa Normand considers the state of non-monetary obligations, such as an unexpired lease of real property, and defaults after BAPCPA.
In his article titled “Financial Contracts and the New Bankruptcy Code: Insulating Markets from Bankrupt Debtors and Bankruptcy Judges,” Prof. Edward Morrison of Columbia Law School and attorney Joerg Riegel break down the financial contracts title of the new law.
The new “means
test” nearly eliminates the role of a bankruptcy judge in
determining whether to dismiss a chapter 7 filing over whether a debtor
can pay their creditors, according to an article by Profs.
and Michaela White of
Profs. Jack Williams of
The article “Garnishment Restrictions and the Involuntary Chapter 11: Rethinking Kokoszka in a Means Test World,” written by Prof. G. Ray Warner of St. John’s University looks at the application of garnishment restrictions to bankruptcy cases and the involuntary chapter 11.
Prof. Ralph Brubaker of the
Also included are case
notes, an LL.M. thesis from one of
ABI’s Law Review, published in
conjunction with St. Johns University School of Law in
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 11,000 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.