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

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Contact: John Hartgen

            

jhartgen@abiworld.org

            

703-894-5935

WINTER ISSUE OF THE
ABI LAW REVIEW FEATURES ALTERNATIVE DISPUTE RESOLUTION,
MULTIPLE CLAIMS, FIDUCIARY RESPONSIBILITY OF DIP AND COMMITTEE COUNSEL
AND MUCH MORE

 

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
color='#0000ff' size='3'
face='Calibri'>jhartgen@abiworld.org
face='Calibri'>.

###

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
href='http://www.abiworld.org/'>
face='Calibri'>www.abiworld.org
face='Calibri'>. For additional conference information, visit
href='http://www.abiworld.org/conferences.html'>
size='3'
face='Calibri'>http://www.abiworld.org/conferences.html
size='3' face='Calibri'>.