Contact:
Hartgen
(703) 739-0800
color='#0000ff'>jhartgen@abiworld.org
SPRING
ISSUE OF THE
size='3'>ABI LAW
REVIEW FEATURES SUBSTANTIVE CONSOLIDATION,
SERIAL FILINGS AND MORE
size='3'>June 19, 2006, Alexandria, Va.
size='3'>— The American Bankruptcy Institute (ABI) Spring
2006 ABI Law
Review (Volume 14, No. 1), features seven
articles and two student notes looking at a number of timely insolvency
topics, including substantive consolidation, “good faith”
requirements in chapter 11 liquidations and an empirical study of repeat
bankruptcy filings. The issue also contains an analysis of the Supreme
Court’s sovereign immunity jurisprudence.
“State Sovereign
Immunity: Bankruptcy Is Special,” written by Prof.
face='Times New Roman' size='3'>Richard Lieb
size='3'>of St. John’s University School of Law, covers the
Court’s recent decision in
size='3'>Central Virginia Community College v. Katz
size='3'>. Lieb reviews the Court’s jurisprudence on the Eleventh
Amendment as it relates to jurisdiction in bankruptcy courts, and the
lessons learned from
size='3'>Seminole Tribe,
face='Times New Roman' size='3'>Hood and
Katz decision.
Seth D. Amera of
Microsoft Corp. (Redmond, Wash.) and Allan Kolod of Moses &
Singer LLP (New York) in “Substantive Consolidation: Getting Back
to Basics,” criticize the Third Circuit’s decision in
Owens Corning
size='3'>for diminishing judges’ discretion in substantive
consolidation litigation.
“Prevalence of
Substantive Consolidation in Large Bankruptcies from 2000 to 2004:
Preliminary Results” by Prof. William H. Widen of the
Univeristy of Miami School of Law informs readers how influential the
doctrine of substantive consolidation is in reorganization negotiations.
Prof. Widen was recently awarded a grant by the ABI Endowment to further
study the prevalence of substantive consolidation in large corporate
bankruptcies.
Prof.
face='Times New Roman' size='3'>Jason J. Kilborn
size='3'>of the University of North Dakota writes on the proactive
efforts of Belgium and Luxembourg to pass debt relief legislation and
examines new systems in his article “Continuity, Change and
Innovation in Emerging Consumer Bankruptcy Systems: Belgium and
Luxembourg.”
“Intra-Committee
Conflicts, Multiple Creditors’ Committees, Altering
Committee
size='3'>Membership
Alternatives for Ensuring Adequate Representation under Section 1102 of
the Bankruptcy Code” features an examination by
face='Times New Roman' size='3'>Kurt F. Gwynne
size='3'>of Reed Smith LLP (
w:st='on'>
size='3'>Wilmington
w:st='on'>
size='3'>Del.
committees’ representation of all unsecured creditors despite
conflicts of interest.
In “The Implicit
‘Good Faith’ Requirement in Chapter 11 Liquidations: A Rule
in Search of a Rationale?,” Ali M.M. Mojdehi and
face='Times New Roman' size='3'>Janet Dean Gertz
size='3'>of Baker & McKenzie LLP (San Diego) argue that the
good-faith requirement has a limited role when applied to debors
liquidating under a chapter 11 plan.
“Bankruptcy Repeat
Filings,” by John Golmant and Tom Ulrich of the Administrative
Office of the U.S. Courts (Washington, D.C.) provides the first
comprehensive report of consumer bankruptcy repeat filing rates to find
that 8 percent of consumer pre-BAPCPA were repeat filers.
Student notes cover the results
that are obtained when bankruptcy intervenes in domestic relations cases
and the timely question of whether the new law violates attorneys’
first amendment rights.
###
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 11,500 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
face='Times New Roman' color='#0000ff'
size='3'>http://www.abiworld.org/conferences.html
face='Times New Roman' size='3'>.