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 2020

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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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In re Minter-Higgins, Deanna Scorzelli

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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

Submissions from 2018

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Bankruptcy Schedules will not be Treated as Judicial Admissions in Court, Charles Akinboyewa Jr.

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Bankruptcy Tourism: How a COMI Change Can Serve as Ammunition in Debt Wars, Taylor Anderson

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A Chapter 7 Trustee’s Qualified Right of Immunity May Be No Shield for Intentional, Negligent, or Grossly Negligent Conduct: Analyzing and Applying the Three-Way Circuit Split, Nataniel E. Arabov

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Balancing Principles of Cooperation and Public Policy in Applying Comity, Kristen Barone

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Effects of Licensors’ Duty to Maintain Control Over a Trademark on Licensees’ Ability to Assert Rights Provided Under Section 365 of the Bankruptcy Code, Arianna Clark

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Bankruptcy Court Jurisdiction: Are Libel and Slander Personal Injury Torts?, Joseph Collini

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A Union's Duty in Bankruptcy Cases to Fairly Represent its Constituency, Denise Dessel

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Stop Right There! Assessing the Role of Collateral Estoppel in a Fraud Proceeding Against a Debtor and a Debtor-Owned Business, Brandon Dorman

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Banks that Collect Debt on their Own Account are not Debt Collectors under the FDCPA, Antonia Edwards

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Exercising Dominion and Control; An Initial Transferee’s Liability for Avoidable Transfers, Shelley Fredericks

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Under What Circumstances Can a Bankruptcy Court Grant Innocent Spouse Relief to a Debtor?, Noreen Gilroy

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Successful Motions for Reconsideration Require Extraordinary Circumstances, Maria A. Gomez

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Circumstances in Which a Fee is an Excise Tax Entitled to Priority, Valerie Hammel

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Uncertainty in the Gap Period: The Dangers of Doing Business with an Alleged Debtor, Daniel Ishoo

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Conflicts Counsel is Not a Cure All; It Does Not Overcome an Actual Conflict of Interest, Stephanie Kenn

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Adversary Proceeding Not Required for Bankruptcy Courts to Determine Lien Status, Justin Korenblatt

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Evidentiary Support Needed for Successful Proof of Claim Against Affiliated Debtors, Madeline Mallo

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Protecting Valuable Estate Interests through the Unenforceability of Ipso Facto Clauses, Kayla Martin

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Application of the Federal Rule of Bankruptcy Procedure Rule 2004 Balancing Test, Patrick O’Connor

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The Insolvency Effect on Attorney-Client Privilege, Anna Piszczatowski

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Contractual Provider Agreement Provides for Permissible Government Recoupment, Emily Santoro

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Although a Presumption Against Extraterritoriality Generally Precludes a Foreign Plaintiff from Recovering a Debtor’s Assets in a Civil RICO Claim, that Presumption Can be Overcome to Hold a Foreign Defendant Liable for a Preference Claim, Amanda M. Schaefer

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Fraudulent Transfer Provision Of The Bankruptcy Code Defined More Narrowly Than Similar Provisions In Other Statutes, Yaakov Seff

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More Than Fraud: Proving Fraud on the Court, Stephen Van Doran

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