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 (volumes currently being added to repository in descending chronological order). 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 2017

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Application of Safe Harbor Provisions to Early Termination of Swap Agreement, William Accordino Jr.

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Debt Collection ‘versus’ Consumer Protection: The FDCPA’s Prohibition on False Representations of the Legal Status of Debt, Sara Brenner

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Non-Dischargeability of Foreign Student Loans, Andrew Brown

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Bankruptcy Courts May Alter Final Sale Orders and Findings of Good Faith Purchasers, Louis Calabro

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The Possibility of Discharging Student Loan Debt and Assessing the Differing Standards Applied by the Courts, Maria Casamassa

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Chapter 11 Liquidation and its Effect on Collective Bargaining Agreements, Dylan Coyne

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A Lender’s Knowledge of Alleged Breaches of Fiduciary Duties Shall Not Be Imputed Upon Debtors in a Statute of Limitations Analysis, Michael DeRosa

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Property of the Estate and Creditors Rights to Bring Individual Suits, Ryan Dolan

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Effects of Veil Piercing, Alter Ego and Substantive Consolidation on Bankruptcy, Lauren Gross

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Creditors Cannot Contract Around Their Fiduciary Duties and Withhold Their Consent from a Debtor to File for Bankruptcy, Samantha Guido

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A Dragnet Clause and a Future Advances Clause Can Reach the Collateral of a Loan that Has Already Been Repaid, Stephanie Hung

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Delaware Bankruptcy Court Creates Vendor-Friendly Forum by Preserving Reclamation Rights in the Face of DIP Lenders’ Liens, Dean Katsionis

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When are Debtors and Creditors Bound to the Provisions of Confirmed Reorganization Plans?, Gabriella Labita

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Federal Preemption and the Bankruptcy Code: At what Point does State Law Cease to Apply during the Claims Allowance Process?, Dylan Lackowitz

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Ability to Avoid Successor Liability Pursuant to a §363 Sale In Bankruptcy, Julie Lavoie

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Forum Non Conveniens and Chapter 15 Bankruptcy, Tyler Levine

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Creditor’s Failure to File a Proof of Claim is Inexcusable Where Potential Danger of Prejudice to Debtor Exists, Meghan Lombardo

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All Talk, but no Action Leads to the Loss of Ground Breaking Cancer Research, Nicholas Marcello

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The Nondischargeability of Government Cleanup Orders, Christina Mavrikis

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Substantive Consolidation of Debtor and Non-Debtor Entities, Eileen Ornousky

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Confirmed Bankruptcy Plan Supersedes Applicable FINRA Rules, Derek Piersiak

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Not My Client, Not My Problem: The Duty of Attorneys to Non-Clients, Daniel Quinn

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Critical Differences between Key Employee Retention Plans and Key Employee Incentive Plans, Sumaya Ullah Restagno

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Do Foreign Representatives Need to Satisfy the Recognition Requirement?, Parm Partik Singh

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Limiting the Scope of the Value Defense under 11 U.S.C. § 548(c) in Avoidance Litigation, Allison Smalley

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The Inconsistent Application of Section 1113 to Expired Collective Bargaining Agreements, Courtney Creighton Sokol

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Courts Override Underlying Contractual Obligations in the Chapter 11 Surrender and Abandon of Aircraft Equipment and Vessels, Lisa Strejlau

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Section 546(e) Safe Harbor Defense: When to Utilize and When to Preclude, Amanda Tersigni

Submissions from 2016

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Whether Section 327 Professional Persons’ Legal Fees are the Cost of Doing Business in a Chapter 11 Bankruptcy, Christopher Atlee F. Arcitio

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Whether the Debtor or Bankruptcy Estate Owns Malpractice Claims That Accrue During a Chapter 11 Bankruptcy, Anna Chen

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Delaware Bankruptcy Court Trumps an Automatic Stay by Allowing Suit to Terminate a Trademark Licensing Agreement, Olivia Cheung

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Procedural Due Process Requirements in Bankruptcy Cases, Bryant Churbuck

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Whether Foreign Avoidance Claims May Be Asserted Under Chapter 15, Peter I. Collorafi

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Debt Discharge, Intent and Good Faith, Arielle Cummings

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The “Prudent Person” Standard in ESOP Breach of Duty of Care Claims, Zien Halwani

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The Permissibility of Bringing an Action Against Johns-Manville’s Insurers Despite Injunctive Orders, Amanda Hoffman

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Protecting Patients or Protecting Government Agencies: Bankruptcy involvement in Medicare/Medicaid Termination, Anthony J. Ienna

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Section 510 (b) of the Bankruptcy Code is to be Interpreted Broadly, James M. Kerins

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Filing for Bankruptcy and Untying the Knot? Not Without Strings Attached, Justin A. Klingenberg

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A Showing of Gross Recklessness Satisfies Section 523(a)(2)(A): Denying Deceivers the Ability to Discharge Debts Related to Fraudulently Obtained Funds, Megan Kuzniewski

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Notice of Bar Date to Employees of a Multinational Corporation May Be Satisfied by Publication, Naffie Lamin

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Whose Claim is it Anyway?—Direct and Derivative Claims in the Context of Bankruptcy Litigation, Kristen M. Lasak

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A Sublessee’s Rights in the Face of A Debtor-Sublessor’s Rejection of an Unexpired Lease Under Chapter 11, Adam K. Lau

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Conflict in the Bankruptcy Code: Ramification of a trustee’s 363(f) right to sell property “free and clear” on the lessee’s 365(h) right to retain property, Aaron Leaf

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Whether Sovereign Immunity is a Defense for States in Bankruptcy Cases, Melanie Lee

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When a Priority is Not a Priority: Structured Dismissals and the Priority Rules, Lindsay Lersner

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May a foreign company liquidate under the U.S. Bankruptcy Code?, Micaela D. Manley

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Application of the Automatic Stay to a Non-Debtor Corporation, Joanna Matuza

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Smoke & Mirrors: Bankruptcy Relief Remains Elusive for Marijuana Businesses and their Creditors, Todd Plummer

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Whether Puerto Rico’s Exclusion from Chapter 9 is Non-Uniform Within the Meaning of the Bankruptcy Clause of the United States Constitution, Matthew T. Repetto

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May a Bankruptcy Court May Permanently Disbar an Attorney from Practicing Before its District?, Maurice W. Sayeh

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Duty to Advise of the Legal Risks from Business Transactions, Nicole Strout

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Creditor and Debtor Burdens When Confirming a Chapter 11 Reorganization Plan, Corey Trail

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Can a Consumer Debtor Voluntarily Dismiss Own Chapter 7 Bankruptcy Case?, Shane P. Walsh

Submissions from 2015

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Whether Undistributed Chapter 13 Payment Plan Funds Held By a Chapter 13 Trustee Should Be Distributed to the Debtor or the Debtor’s Creditors After Conversion from Chapter 13 to Chapter 7, Rosa Aliberti

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Rule 9011 of the Federal Rule of Bankruptcy Procedure, Nancy Bello

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The Earmarking Doctrine: Can it be Used to Protect Late-Recorded Mortgages in Preference Action?, Michael Benzaki

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Equitable Subordination- where is applies, what it does, and the Implications that result, Lauren Casparie

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The Enforceability of Abatement Provisions, Shantel Castro

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Does the FDCPA Apply in Bankruptcy?, Garam Choe

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The Nature of a Parent-Subsidiary Relationship Determines How to Allocate a Refund in a Tax Sharing Agreement, Samuel Cushner

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Chapter 11 Liquidations and the Termination of Collective Bargaining Agreements, Cecilia Ehresman

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Despite A Very High Income, Chapter 7 Debtor’s May Succeed, Pamela Frederick

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Borrowers and Bankruptcy Trustees’ Unsuccessful Attempts to Avoid a Mortgage Under the “Splitting-the-Note” Theory, Alana Friedberg

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Professional Fee Enhancements: Determining whether a Professional is entitled to a Fee Enhancement under Section 330 of the Bankruptcy Code, Adrianna R. Grancio

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Student Loans can be Discharged (at Least Partially) in Bankruptcy After All, Carmella Gubbiotti

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Whether Rejection of a Trademark License Agreement Terminates the Licensee's Rights to Use the Trademark, Crystal Lawson

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An Oversecured Creditor’s Post-Petition Attorneys’ Fees, Governed by State Law or Federal Law’s 11 U.S.C. 506(b), Charles Lazo

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The Exception to the Automatic Stays: Determining Whether Revenues are Pledged Special Revenues, Debra March

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The Permissibility of Chapter 11 Non-Debtor Release Provisions, Ashraf Mokbel

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Determining the Meaning of “Instrumentality” in the Bankruptcy Code, Nicholas Panzarella

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The Applicability of the Eleventh Amendment in Chapter 9 Cases, Christopher J. Pedraita

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Defining Residency Under The Federal Homestead Exemption, Sally Profeta

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Same-Sex Couple deemed “Spouses” for Purposes of the Bankruptcy Code, Michael Rich

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Second Circuit Sets a Low Bar for Foreign Debtors Seeking Chapter 15 Relief, Samantha Ruppenthal

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Self-Employed Debtors Face A Hard Truth When Calculating their Current Monthly Income for the Applicable Commitment Periods under Chapter 13 Plans, Arthur Rushforth

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Deeping Insolvency: A cause of action, a tool of measuring damages, or nothing at all?, Nicholas Santoro

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Are Government Creditors Exempt from U.C.C. Article 9 Filing and Perfection Requirements?, Thomas Sica

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Judicial Estoppel: Essentially Locking in Representations Made During Bankruptcy Proceeding, Sophie Tan

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The Uncertain Future of the Unfinished Business Doctrine, Dan Teplin

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The IRS Can Offset Post-petition Tax Overpayments Against Pre-petition Tax Liabilities, Kyle J. TumSuden

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The Continued Growth of the Presumption Against Extraterritoriality and its Impact on the Bankruptcy Code’s Avoidance Provisions, Michael Vandermark

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Gifting & The Absolute Priority Rule, Brianna Walsh

Submissions from 2014

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No Second Chances: How Courts Have Interpreted Section 109(g)(2) to Prohibit Debtors from Filing a Second Petition within 180 Days, Brian Adelmann

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Section 362(c)(3): Does It Terminate The Entire Automatic Stay?, Michael Aryeh

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The Reciprocal Duty of Good Faith Negotiations in Chapter 9 Bankruptcies, John Boersma

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Whether a Contract is Divisible for Purposes of Section 365 of the Bankruptcy Code, Christopher Bolz

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Whether the Equitable Power of the Bankruptcy Court Can Save the Tardy Filing of a Nondischargeability Complaint, Aldo A. Caira III

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Determining When Projected Disposable Income Test May Be a Basis for a Post-Confirmation Modification, Steven Ching

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Fairness Over Deference: The Shifting Landscape of Creditors Rights to Claims and Debtor Protection Regarding the Issuance of Form 1099-C, Patrick Christensen

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Whether the Absolute Priority Rule Has Been Abrogated in Individual Chapter 11 Cases, Colin Coburn

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Can a Bankruptcy Trustee Recover Assets Transferred to a Self-Settled Trust?, Christian Corkery

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An Assignee Has the Same Right of Non-Dischargeability Under Section 523(a)(2)(B) as the Assignor, Justin W. Curcio

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The Differences Between the Right to Setoff Under 11 U.S.C. §553 and 11 U.S.C. §558, Maria Ehlinger

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Applying the Automatic Stay to Non-Debtors, Raff Ferraioli

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The Effect of Ongoing Civil Litigation on Chapter 11 Reorganization, Kaitlin Fitzgibbon

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The Effect of Conversion on a Post-Petition Lender’s Superpriority Claim over a Chapter 7 Trustee’s Post-Conversion Administrative Expense Claim, Michael Foster

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Litigation Trustees Not Allowed to Wear Their “Non-Bankruptcy Hats” to Avoid Swap Transactions as Fraudulent Conveyances, Aura M. Gomez Lopez

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Professional Firm Retention: Determining whether a Professional is a “Professional Person” within Section 327(a) of the Bankruptcy Code, Alexandra Hastings

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S-Corp and QSub Tax Status as Property of the Bankruptcy Estate, Ryan Jennings