The St. John's Bankruptcy Research Library is a project of the St. John's University School of Law and the American Bankruptcy Institute Law Review. The Library contains an assortment of research memoranda on discrete issues in bankruptcy law. The inaugural volume was published in November 2009. A new volume is published each year in July. Publication in the St. John's Bankruptcy Research Library is the culmination of an annual writing project on bankruptcy law conceived for the Staff Members of the American Bankruptcy Institute Law Review. The research project consists of two component parts: a case blog and research memorandum. In the fall, ABI staffers are assigned a recent bankruptcy decision upon which they write a case research blog, available at http://stjohns.abiworld.org. Once completed, staffers continue their research to develop the research memoranda published within the Library.

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Submissions from 2021

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Two Approaches for Evaluating a Debtor’s “Additional Circumstance” Under the Brunner Test to Qualify for a Hardship Discharge of Student Loan Debt, Julie Aberasturi

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The Differing Standards to Obtain a Student Loan Debt Discharge, Nicholas Bonelli

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The Debtor’s Absolute Right to Dismiss a Chapter 13 Case, Jared Brady

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Enforcing Make Whole Premiums in Bankruptcy, Brian P. Campbell Jr.

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Unqualified Student Loans are Likely Dischargeable in Bankruptcy, Cristian Catanese

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Bankruptcy Debtors are Ineligible for PPP Loans, Laura Chambers

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Standing to Challenge Bankruptcy Court’s Approval of Retiree Benefits Settlement, Inkook Choi

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Bankruptcy Courts are Divided on Reducing a Debtor’s Obligation to Pay Rent When Government Regulations Restrict a Debtor’s Ability to Generate Income, Brittany M. Clark

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Impact of Covid-19 on Debtor’s Obligations to Comply with Duties to Pay Rent, Joseph DiOrio

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Evaluating the Availability of an Income-Driven Repayment Plan Under the Two Doctrinal Tests for Undue Hardship, Emily R. Fisher

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Ability of the EEOC to Litigate for Compensation on Behalf of a Specific Individual Despite Automatic Stay, Julia Guthy

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Financial Advisory Firms Whose Affiliate’s Employees Served as Independent Officers or Directors of the Debtor Prepetition Should Be Retained Under Section 327(a) of the Bankruptcy Code, Lauren Jusas

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A Bankruptcy Court May Temporarily Suspend Rent Obligation, Matthew Kipnis

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A Receiver Lacks Standing to Recover Fraudulent Transfers under UFTA when Corporation has not been Adequately Cleansed from Fraudulent Actions of Ponzi Schemers, Chelsea McGee

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Did the Consolidated Appropriations Act Make Bankruptcy Debtors Eligible for PPP Loans?, Mary Theresa Michalos

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Qualifications and Standards: What Courts Require to Hold a Statement as a Judicial Admission, Lianna Murphy

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Are Settlement Agreements Executory Contracts? Courts That Say “No” Give More Power to Creditors in Bankruptcy Actions, Kevin Murray

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Bankruptcy Debtor Eligibility for Federal Coronavirus Aid under the CARES Act, Meghan Paola

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Section 1112(b) of the Bankruptcy Code Allows a Bankruptcy Court to Dismiss a Case Filed in Bad Faith, Antonio Sciarrotta

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Mandatory Abstention is Required when Foreign Law Claims are Brought in Conjunction with State Law Claims, Matthew Seymour

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The Debtor’s Conduct at the Time of Filing Controls in Determining Whether a Debtor is Eligible to Convert Their Existing Case to a Case under Subchapter V of the Bankruptcy Code, Eric Silverstein

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Do Parents Receive Reasonably Equivalent Value for Paying College Tuition for their Children Making Such Payments Avoidable, Alexandria Stiteler

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Timing and Location of COMI Determined at the Timing of Filing Chapter 15 Petition, Priya Suresh

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How Courts in the Second Circuit Decide on a Stay Pending Appeal in Bankruptcy Actions, Valerie Timmerman

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City’s Retention of Impounded Vehicle Not Violation of Automatic Stay, Alexis Zobeideh

Submissions from 2020

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Transfer of Real Estate Title May be Avoided as a Preference in Certain Jurisdictions, Aleksandra Adamska

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The High Burden of a “Minimal Standard of Living” under the First Prong of the Brunner Test, Samantha Alfano

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SDNY Bankruptcy Judges Have Differing Views on a Bankruptcy Court’s Jurisdiction to Issue Third-Party Releases, Brandon Auerbach

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Inconsistent Standards to Approve a Settlement Under Rule 9019, Zach Benaharon

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The In Pari Delicto Defense May Bar Trustees That Bring Claims Which Are Property of the Estate Under 11 U.S.C. § 541(a), Carmine Broccole

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Intangible Property Can Satisfy the Debtor Eligibility Requirement Under Section 109(a), Edward Cho-O’Leary

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Trademarks are “Intellectual Property” Under Bankruptcy Code Section 365(n), Emily Clark

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The Two Approaches to Center of Main Interest Timing Determination, John Freeze

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Discharging Student Loan Debt Under Brunner: Interpreting the Second Prong’s “Additional Circumstances” Requirement, Emily Gault

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Pleading Fraudulent Conveyances: Federal vs. New York State Requirements, Tara Guarino

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The Brunner Test Imposes a High Burden to Discharge Student Loan Debt, Lindsey Haynes

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A District Court may not Enjoin Third-Party Claims Against Insurers in a Securities-Fraud Receivership without Alternative Compensation Scheme, Justin Henderson

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Relief Afforded to Debtor Clients Harmed by a Bankruptcy Petition Preparer's Fraudulent, Unfair, or Deceptive Conduct, Kathryn M. Ingle

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The Objective Standard for Holding a Creditor in Civil Contempt for Violating a Discharge Order, Alexander Cirkovic Koban

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Circuit Courts Interpret the Section 1123(a)(4) Equal Treatment Rule, Morgan Liptak

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The Scope and Retroactivity of the Honoring American Veterans in Extreme Need “HAVEN” Act in Chapter 7 and Chapter 13 Bankruptcy Cases, Carole Ann Liscio

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Center of Main Interest for Members of a Group of Companies, Loredana Miranda

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Exempt Assets May Not be Considered When Determining if Student Loan Should be Discharged, Kayla Mistretta

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Luxurious Lifestyles Alone May Not Constitute a Lack of Good Faith under the Bankruptcy Code, Spencer Nelson

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Creditors are Unable to Directly Assert Claims for Breach of Fiduciary Duty or Fraudulent Transfer Against Another Creditor When the Debtor is in Bankruptcy, Anthony Norris

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Domestic Support Obligation Not Necessarily a First Priority Claim, Gabrielle Pullo

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Bankruptcy Courts are Largely Unavailable to Cannabis-Related Debtors but not Off-Limits, Cameron Purcell

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A Bankruptcy Court’s Authority to Find an Implicit Waiver of a Debtor’s Rights Under a Chapter 11 Reorganization Plan, Benjamin Ranalli

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The Enforceability of Arbitration Agreements in Bankruptcy Throughout the United States, Laila Rizk

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The Standards the Court Uses to Determine the Priority of a Party’s Entitlement to Dividends in a Bankruptcy Proceeding, Nally Ann Scaturro

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Pension Trusts Should Not Be Considered Business Trusts for the Purpose of § 109 of the Bankruptcy Code and Thus Not Eligible to be a Debtor under the Bankruptcy Code, Danielle Ullo

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Collusive Bidding on a Debtor’s Assets: A Question of Fairness, Ross Weiner

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Creditors Can Recover Post-Petition Interest by Incorporating Original Agreement into the Plan of Reorganization by Referencing a Specific Clause in the Original Agreement, Emmanuelle Yeremou-Ngah

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Circuit Split as to Whether Rejection of Power Purchasing Agreements are Subject to Bankruptcy Court or FERC Jurisdiction, Gabriela Zapata

Submissions from 2019

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Involuntary Bankruptcy Cases and Discretionary “For Cause” Dismissals, JP Amato

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A Non-Profit Entity may not be Substantively Consolidated with an Affiliated Debtor, Rachel Armely

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Constructive Fraudulent Transfers—Determining Insolvency, Tyler Beach

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Under a Confirmed Chapter 11 Plan a Liquidating Trustee May Have Sole Authority to Review and Object to Claims, Ryan C. Beil

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Determining When the Granting of Relief is Deemed Abuse of the Bankruptcy Code under Section 707, Angela Bonica

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It is Possible to Incriminate Yourself in the United States Bankruptcy Courts, Andre Brittis-Tannenbaum

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Filing a Proof of Claim in a Bankruptcy Court Subjects the Filing Party to the Court’s Jurisdiction. Anti-waiver Clauses in the Proof of Claim Are Not the Same Thing as Objecting to Jurisdiction, Christina Buru

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Debtor-Tenants Located in Shopping Centers Must Satisfy Heightened Requirements When Assuming and Assigning Their Unexpired Lease in Bankruptcy, Kristin Catalano

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Foreign Third-Party Releases May Be Enforced Under Principles of Comity, Jennifer Delasco

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Balancing and Protecting Competing Interests of a Landlord-Tenant Relationship in a Section 363 Sale, Kayla Dimatos

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Constraints on the Breadth of a Bankruptcy Trustee’s Power to Demand a Turnover of Assets, Timothy DiPrisco

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Exploring the Scope of the Property Requirement of Section 109(a) in Chapter 11 and 15 Cases, Rasha El Mouatassim Bih

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Chapter 7 Bankruptcy Proceedings May Be Sufficiently “Unusual” to Render Forum-Selection Clauses Unenforceable, James A. Goodridge

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The Standard For Taking A Security Interest In Fixtures, Mark J. LoBiondo

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Selling a Vessel Free and Clear of a Maritime Lien Pursuant to Section 363 of the Bankruptcy Code, Aram Movaseghi

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Analyzing a Creditor’s Ability to Exercise its Shareholder Rights to Prevent a Bankruptcy Filing by a Company, Frank Pecorelli

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Court’s ability to modify or terminate a prior recognition order under §1517(d) of the Bankruptcy Code, Kristopher Peters

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Discharge Under Section 524(a) Does Not Preclude a Suit to Recover From a Debtor’s Insurer, Michael P. Pitre

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Distribution of Property Overseen by Family Courts Will Not Bar Constructive Fraudulent Transfer Claims, Allyson Rivard

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Circuit Split Created Over Enactment of Section 510(a) of the Bankruptcy Code and its Effect on the Rule of Explicitness, Rossella Scarpa

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A Trustee Generally May Not Recover an Actual Fraudulent Transfer if the Funds Have Been Reimbursed to the Debtor Pre-Petition, Carina Zupa