Spring Issue of the ABI Law Review Features Study on Costs of BAPCPA on Consumer Cases Chapter 11 at the Crossroads

Contact: John Hartgen

            

703-894-5935

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SPRING ISSUE
OF THE ABI LAW REVIEW FEATURES STUDY ON COSTS OF BAPCPA ON
CONSUMER CASES, CHAPTER 11 AT THE CROSSROADS

August 30, 2010, Alexandria,

Va. — The American Bankruptcy Institute (ABI) Spring 2010

Law Review (Volume 18, No. 1) features nine articles, including a

series on “Chapter 11 at the Crossroads: Does Reorganization Need
Reform?,” based on an ABI symposium held last November, and one
student note that examines a number of timely insolvency topics,
including fraud. One of the featured articles is by Prof. Lois R.
Lupica of the University of Maine School of Law (Portland, Maine)
entitled “The Costs of BAPCPA: Report of the Pilot Study of
Consumer Bankruptcy Cases.” Lupica’s study, funded by the
ABI Endowment Fund, found that costs of consumers filing for bankruptcy
have increased due to the provisions of the Bankruptcy Abuse Prevention
and Consumer Protection Act of 2005 (BAPCPA). While BAPCPA’s
provisions have increased costs for consumers, Lupica’s research
revealed that distributions to unsecured creditors in chapter 13 and
chapter 7 consumer cases have actually decreased since BAPCPA’s
enactment.

Additional Spring Issue
articles include:

• “Life after Debt:
  Understanding the Credit Restraint of Bankruptcy Debtors” by Prof.

  Katherine M. Porter of the University of Iowa College of Law
  (Iowa City).

• “Susbstantive
  Consolidation: The Cacophony Continues” by J. Maxwell
  Tucker of Patton Boggs LLP (Dallas).
• “Beyond Chimerical
  Possibilities: The Meaning and Application of Adequate Assurance of
  Future Performance under the Bankruptcy Code” by Jason B.
  Binford of Kane Russell Coleman & Logan, PC
  (Dallas).
• “Testing the Bankruptcy
  Code Safe Harbors in the Current Financial Crisis” by Eleanor
  Heard Gilbane of Weil, Gotshal & Manges (Houston).

Articles for the “Chapter

11 at the Crossroads: Does Reorganization Need Reform” series
include:

• “A Reassessment of
  Bankruptcy Reorganization after Chrysler and General Motors” by
  Prof. Barry E. Adler of the New York University School of Law
  (New York).
• “Repeal the Safe
  Harbors” by Prof. Stephen J. Lubben of Seton Hall
  University’s School of Law (Newark, N.J.).
• “Preserving State
  Corporate Governance Law in Chapter 11: Maximizing Value through
  Traditional Fiduciaries” by John Wm. (“Jack”)
  Butler, Jr., Chris L. Dickerson and Stephen S. Neuman
  of Skadden, Arps, Slate, Meagher & Flom LLP (Chicago).
• The “Legislative
  Symposium Roundtable: Chapter 11 at the Crossroads – Does
  Reorganization Need Reform” article features the views of past and

  present ABI Presidents Robert J. Keach of Bernstein Shur
  (Portland, Maine), Robert M. Fishman of Shaw Gussis Fishman
  Glantz Wolfson & Towbin LLC (Chicago), Melissa Kibler Knoll of
  Mesirow Financial Consulting LLC (Chicago), Reginald W. Jackson
  of Vorys, Sater, Seymour and Pease LLP (Columbus, Ohio) and John D.
  Penn of Haynes and Boone LLP (Fort Worth, Texas).

The student note is
“‘Fraud and Deceit Abound’ but do the Bankruptcy
Courts Really Believe that Everyone Is Crooked? The Bayou
Decision and the Narrowing of ‘Good Faith’” was
written by Craig T. Lutterbein, the ABI Law Review’s

Associate Managing Editor. The note criticizes the Bayou
court’s application of an objective, notice-based standard for
determining when a redeeming creditor is entitled to the protection of
the good-faith defense contained in §548(c) 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 Spring 2010 issue should contact John Hartgen at
703-894-5935 or jhartgen@abiworld.org.

###

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 www.abiworld.org. For additional conference information,
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