Submissions from 2017
Creditors Cannot Contract Around Their Fiduciary Duties and Withhold Their Consent from a Debtor to File for Bankruptcy, Samantha Guido
A Dragnet Clause and a Future Advances Clause Can Reach the Collateral of a Loan that Has Already Been Repaid, Stephanie Hung
Delaware Bankruptcy Court Creates Vendor-Friendly Forum by Preserving Reclamation Rights in the Face of DIP Lenders’ Liens, Dean Katsionis
When are Debtors and Creditors Bound to the Provisions of Confirmed Reorganization Plans?, Gabriella Labita
Federal Preemption and the Bankruptcy Code: At what Point does State Law Cease to Apply during the Claims Allowance Process?, Dylan Lackowitz
Ability to Avoid Successor Liability Pursuant to a §363 Sale In Bankruptcy, Julie Lavoie
Forum Non Conveniens and Chapter 15 Bankruptcy, Tyler Levine
Creditor’s Failure to File a Proof of Claim is Inexcusable Where Potential Danger of Prejudice to Debtor Exists, Meghan Lombardo
All Talk, but no Action Leads to the Loss of Ground Breaking Cancer Research, Nicholas Marcello
The Nondischargeability of Government Cleanup Orders, Christina Mavrikis
Substantive Consolidation of Debtor and Non-Debtor Entities, Eileen Ornousky
Confirmed Bankruptcy Plan Supersedes Applicable FINRA Rules, Derek Piersiak
Not My Client, Not My Problem: The Duty of Attorneys to Non-Clients, Daniel Quinn
Critical Differences between Key Employee Retention Plans and Key Employee Incentive Plans, Sumaya Ullah Restagno
Do Foreign Representatives Need to Satisfy the Recognition Requirement?, Parm Partik Singh
Limiting the Scope of the Value Defense under 11 U.S.C. § 548(c) in Avoidance Litigation, Allison Smalley
The Inconsistent Application of Section 1113 to Expired Collective Bargaining Agreements, Courtney Creighton Sokol
Courts Override Underlying Contractual Obligations in the Chapter 11 Surrender and Abandon of Aircraft Equipment and Vessels, Lisa Strejlau
Section 546(e) Safe Harbor Defense: When to Utilize and When to Preclude, Amanda Tersigni
Submissions from 2016
Whether Section 327 Professional Persons’ Legal Fees are the Cost of Doing Business in a Chapter 11 Bankruptcy, Christopher Atlee F. Arcitio
Delaware Bankruptcy Court Trumps an Automatic Stay by Allowing Suit to Terminate a Trademark Licensing Agreement, Olivia Cheung
Procedural Due Process Requirements in Bankruptcy Cases, Bryant Churbuck
Whether Foreign Avoidance Claims May Be Asserted Under Chapter 15, Peter I. Collorafi
Debt Discharge, Intent and Good Faith, Arielle Cummings
The “Prudent Person” Standard in ESOP Breach of Duty of Care Claims, Zien Halwani
The Permissibility of Bringing an Action Against Johns-Manville’s Insurers Despite Injunctive Orders, Amanda Hoffman
Protecting Patients or Protecting Government Agencies: Bankruptcy involvement in Medicare/Medicaid Termination, Anthony J. Ienna
Section 510 (b) of the Bankruptcy Code is to be Interpreted Broadly, James M. Kerins
Filing for Bankruptcy and Untying the Knot? Not Without Strings Attached, Justin A. Klingenberg
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
Notice of Bar Date to Employees of a Multinational Corporation May Be Satisfied by Publication, Naffie Lamin
Whose Claim is it Anyway?—Direct and Derivative Claims in the Context of Bankruptcy Litigation, Kristen M. Lasak
A Sublessee’s Rights in the Face of A Debtor-Sublessor’s Rejection of an Unexpired Lease Under Chapter 11, Adam K. Lau
Whether Sovereign Immunity is a Defense for States in Bankruptcy Cases, Melanie Lee
When a Priority is Not a Priority: Structured Dismissals and the Priority Rules, Lindsay Lersner
May a foreign company liquidate under the U.S. Bankruptcy Code?, Micaela D. Manley
Application of the Automatic Stay to a Non-Debtor Corporation, Joanna Matuza
Smoke & Mirrors: Bankruptcy Relief Remains Elusive for Marijuana Businesses and their Creditors, Todd Plummer
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
May a Bankruptcy Court May Permanently Disbar an Attorney from Practicing Before its District?, Maurice W. Sayeh
Duty to Advise of the Legal Risks from Business Transactions, Nicole Strout
Creditor and Debtor Burdens When Confirming a Chapter 11 Reorganization Plan, Corey Trail
Can a Consumer Debtor Voluntarily Dismiss Own Chapter 7 Bankruptcy Case?, Shane P. Walsh
Submissions from 2015
Rule 9011 of the Federal Rule of Bankruptcy Procedure, Nancy Bello
The Earmarking Doctrine: Can it be Used to Protect Late-Recorded Mortgages in Preference Action?, Michael Benzaki
Equitable Subordination- where is applies, what it does, and the Implications that result, Lauren Casparie
The Enforceability of Abatement Provisions, Shantel Castro
Does the FDCPA Apply in Bankruptcy?, Garam Choe
The Nature of a Parent-Subsidiary Relationship Determines How to Allocate a Refund in a Tax Sharing Agreement, Samuel Cushner
Chapter 11 Liquidations and the Termination of Collective Bargaining Agreements, Cecilia Ehresman
Despite A Very High Income, Chapter 7 Debtor’s May Succeed, Pamela Frederick
Borrowers and Bankruptcy Trustees’ Unsuccessful Attempts to Avoid a Mortgage Under the “Splitting-the-Note” Theory, Alana Friedberg
Professional Fee Enhancements: Determining whether a Professional is entitled to a Fee Enhancement under Section 330 of the Bankruptcy Code, Adrianna R. Grancio
Student Loans can be Discharged (at Least Partially) in Bankruptcy After All, Carmella Gubbiotti
Whether Rejection of a Trademark License Agreement Terminates the Licensee's Rights to Use the Trademark, Crystal Lawson
An Oversecured Creditor’s Post-Petition Attorneys’ Fees, Governed by State Law or Federal Law’s 11 U.S.C. 506(b), Charles Lazo
The Exception to the Automatic Stays: Determining Whether Revenues are Pledged Special Revenues, Debra March
The Permissibility of Chapter 11 Non-Debtor Release Provisions, Ashraf Mokbel
Determining the Meaning of “Instrumentality” in the Bankruptcy Code, Nicholas Panzarella
The Applicability of the Eleventh Amendment in Chapter 9 Cases, Christopher J. Pedraita
Defining Residency Under The Federal Homestead Exemption, Sally Profeta
Same-Sex Couple deemed “Spouses” for Purposes of the Bankruptcy Code, Michael Rich
Second Circuit Sets a Low Bar for Foreign Debtors Seeking Chapter 15 Relief, Samantha Ruppenthal
Self-Employed Debtors Face A Hard Truth When Calculating their Current Monthly Income for the Applicable Commitment Periods under Chapter 13 Plans, Arthur Rushforth
Deeping Insolvency: A cause of action, a tool of measuring damages, or nothing at all?, Nicholas Santoro
Are Government Creditors Exempt from U.C.C. Article 9 Filing and Perfection Requirements?, Thomas Sica
Judicial Estoppel: Essentially Locking in Representations Made During Bankruptcy Proceeding, Sophie Tan
The Uncertain Future of the Unfinished Business Doctrine, Dan Teplin
The IRS Can Offset Post-petition Tax Overpayments Against Pre-petition Tax Liabilities, Kyle J. TumSuden
The Continued Growth of the Presumption Against Extraterritoriality and its Impact on the Bankruptcy Code’s Avoidance Provisions, Michael Vandermark
Gifting & The Absolute Priority Rule, Brianna Walsh
Submissions from 2014
No Second Chances: How Courts Have Interpreted Section 109(g)(2) to Prohibit Debtors from Filing a Second Petition within 180 Days, Brian Adelmann
Section 362(c)(3): Does It Terminate The Entire Automatic Stay?, Michael Aryeh
The Reciprocal Duty of Good Faith Negotiations in Chapter 9 Bankruptcies, John Boersma
Whether a Contract is Divisible for Purposes of Section 365 of the Bankruptcy Code, Christopher Bolz
Whether the Equitable Power of the Bankruptcy Court Can Save the Tardy Filing of a Nondischargeability Complaint, Aldo A. Caira III
Determining When Projected Disposable Income Test May Be a Basis for a Post-Confirmation Modification, Steven Ching
Fairness Over Deference: The Shifting Landscape of Creditors Rights to Claims and Debtor Protection Regarding the Issuance of Form 1099-C, Patrick Christensen
Whether the Absolute Priority Rule Has Been Abrogated in Individual Chapter 11 Cases, Colin Coburn
Can a Bankruptcy Trustee Recover Assets Transferred to a Self-Settled Trust?, Christian Corkery
An Assignee Has the Same Right of Non-Dischargeability Under Section 523(a)(2)(B) as the Assignor, Justin W. Curcio
The Differences Between the Right to Setoff Under 11 U.S.C. §553 and 11 U.S.C. §558, Maria Ehlinger
Applying the Automatic Stay to Non-Debtors, Raff Ferraioli
The Effect of Ongoing Civil Litigation on Chapter 11 Reorganization, Kaitlin Fitzgibbon
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
Litigation Trustees Not Allowed to Wear Their “Non-Bankruptcy Hats” to Avoid Swap Transactions as Fraudulent Conveyances, Aura M. Gomez Lopez
Professional Firm Retention: Determining whether a Professional is a “Professional Person” within Section 327(a) of the Bankruptcy Code, Alexandra Hastings
S-Corp and QSub Tax Status as Property of the Bankruptcy Estate, Ryan Jennings
Discharging Non-Filing Co-Debtor Debt Under Chapter 13, Carly Krupnick
Whether Funds Transferred From Trust Account Can Be “Property of the Debtor” That Is Subject to a Fraudulent Transfer Claim, Adam C.B. Lanza
Does the “Free and Clear” Language in an Order Approving a Sale Pursuant to Section 363(f) of the Bankruptcy Code Bar a Successor Liability Claim?, Stephanie Y. Lin
Whether Section 522(b)(3) of the Bankruptcy Code Contains an Implied Residency Requirement for Determining Which Exemption Scheme Applies, Christopher McCune
Whether the Doctrine of Judicial Estoppel Applies if the Debtor Fails To List a Lawsuit in His or Her Bankruptcy Schedules, Joshua Nadelbach
Health Savings Accounts and the Bankruptcy Estate, Michelle Nicotera
Preclusive Effect of Pre-Petition State Court Judgments in Nondischargeability Proceedings, Kelly E. Porcelli
The purchaser of a tax lien is the holder of a “tax claim” under 11 U.S.C. §511(a), Andrew Reardon
Should a Bankruptcy Court Consider a Debtor’s Social Security Income When Determining Whether His Chapter 13 Plan is Feasible?, Sarah M. Roe