Contact: John Hartgen
703-894-5935
WINTER ISSUE
OF THE ABI LAW REVIEW EXAMINES THE SEC’S ROLE IN THE
BANKRUPTCY PROCESS, SECURED LENDER RIGHTS IN 363 SALES, VALUATION IN THE
FEDERAL BANKRUPTCY EXEMPTION PROCESS
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
(stjohns.abiworld.org). 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 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, visit
href='http://www.abiworld.org/conferences.html'>
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Roman'>http://www.abiworld.org/conferences.html.