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Bankruptcy Research Library

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.

Submissions from 2021 2021

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

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

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

A Bankruptcy Court May Temporarily Suspend Rent Obligation, Matthew Kipnis

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

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

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

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

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

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

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

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

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

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

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

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

Submissions from 2020 2020

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Submissions from 2019 2019

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

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

Constructive Fraudulent Transfers—Determining Insolvency, Tyler Beach

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In re Minter-Higgins, Deanna Scorzelli

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 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Insolvency Effect on Attorney-Client Privilege, Anna Piszczatowski

Contractual Provider Agreement Provides for Permissible Government Recoupment, Emily Santoro

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

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

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

Submissions from 2017 2017

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

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

Non-Dischargeability of Foreign Student Loans, Andrew Brown

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

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

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

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

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

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