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 2014

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Article III and Bankruptcy Code Standing: Preserving a Party’s Right to Object to a Proposed Reorganization Plan, James Scahill

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Whether Non-Spousal Inherited Retirement Accounts Are Exempt Under the Bankruptcy Code, Kimberly Tracey

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Section 365 of the Bankruptcy Code Preempts Provisions of State Dealer Statutes, Andrew Ziemianski

Submissions from 2012

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Is Your Retainer Safe?: How In re Two Gales Ensures that Bankruptcy Professionals Keep their Retainer Fees, Jonathan Abramovitz

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Same-Sex Married Debtors May File a Joint Petition for Bankruptcy, Jennifer Arcarola

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Police or Regulatory Power Exception to Automatic Stay, Linda Attreed

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Who Has Standing to Object to a Debtor’s Reorganization Plan? Analyzing Section 1128(b)’s “Party in Interest” Bankruptcy Standing Requirement and the “Persons Aggrieved” Appellate Standing Test, Michael Battema

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Trustees Beware: Reviewing the Circuit Split on Bankruptcy Trustee Personal Liability, Barry Z. Bazian

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An Exercise in Economics: Determining “Value” Under § 548 of the Bankruptcy Code, Gregory R. Bruno

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In re Awal Bank: Expanding Ability to Avoid Setoff in Chapter 15 Bankruptcy Cases, Jacob Chase

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Objection to Confirmation Based on Senior Creditor Overpayment, Peter Chiaro

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Avoidability of Foreclosure Sales Under Section 547 of the Bankruptcy Code, Adam Cohen

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In re J.J. Re–Bar Corp.: The Application of the Anti-Injunction Act, Eric Dostal

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Exploring the Enforceability of Pre-Petition Hindrance Mechanisms to Prevent Bankruptcy, Joshua Eisenson

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The Challenge of Retaining Interest for Original Equity Owners, Michael Harary

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Assumption Under Section 365(c)(1) Creates Uncertainty for Debtors, Heather Hili

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Forward Contracts Preference Exception Broadly Construed, Brian King

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Three Approaches To Applying 11 U.S.C § 546(e)’s “Safe Harbor” To Private LBOs, Shlomo Lazar

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Judicial Enforcement of Default Interest Rates, Michael Lutfy

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In re Toft; Section 1506 Public Policy Exception Trumps General Grant of Comity, Malerie Ma

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In re Pichhi; Modifications of Multi-Family Home Mortgages, Patrick McBurney

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Discrimination in Hiring Based on Past Bankruptcy Filing Allowed for Private Employers, Megan Quail

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The Evolution of the Settlement Payment Defense?, Tianja Samuel

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Bankruptcy Courts’ Power to Recharacterize Debt Claims as Equity, David Saponara

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In re Shamus Holdings, LLC and the Automatic Stay, Matthew Silverman

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Priority Treatment of Employee Severance Compensation Claims, Eric Small

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Attorney Retention and Disqualification in Bankruptcy, Jessica Stukonis

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Does Section 329 Grant Exclusive Jurisdiction to Bankruptcy Courts?, Samantha M. Tusa

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Intentional Conduct May Be Required to Prove Defalcation under Section 523(a)(4) In Certain Circuits, Elizabeth Vanderlinde

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Class Proofs of Claim and Class Certification in Bankruptcy, Ravi Vohra

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The Ponzi Scheme Presumption and Fraudulent Conveyances in the 21st Century: It’s not Just Black and White, Gabriella B. Zahn

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Granting Foreign Representatives Automatic Section 108 Relief in Chapter 15 Cases, Andrew J. Zapata

Submissions from 2009

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Defense of In Pari Delicto Does Not Affect Trustee Standing, Elizabeth L. Anderson

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Whether “hedging” anticipated contingency fees should be deemed impermissible fee-sharing under section 504 when the policy considerations underlying the statute are not offended, David Bloom

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In re Whitehall Jewelers Holdings, Inc., Jonathan Borst

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Chapter 13 Plan Cannot Avoid Lien Absent Adversary Proceeding, Michael Buccino

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Applying the “Applicable” Standard or the Actual Amount: Monthly Rent in a Debtor’s Chapter 13 Plan, Paola Chiarenza

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No Mention of “Cure” in Section 363 Means Default Interest Rate Applies, Caitlin Cline

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What exactly does the term “Fair and Equitable” mean?, Peter Doggett Jr.

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In re Kara Homes, Inc., Anna Drynda

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Lien Preservation Does Not Give Trustee Right to Collect All Debt, Elizabeth Filardi

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Effect of Debtor’s Pre-Petition Election to Apply Tax Refund Toward Liability for Petition Year in Determination of Property of the Estate, Timothy Fox

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Allowing Trustee Removal for Cause, Sua Sponte, After Notice and a Hearing, Jonathan Grasso

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United States v. White, 365 B.R. 457, Robert Griswold

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In re Kagenvaema: An End-Run Around the “Applicable Commitment Period”, Christopher Hunker

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Negligent Vehicular Homicide Caps a Debtor’s Homestead Exemption, Christine Knoesel

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BAPCPA’s Exception to the Absolute Priority Rule for Individual Chapter 11 Debtors, Christina Kormylo

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Chapter 13 Plan Must Pay Adequate Protection Payments Prior to Attorney’s Fees, Brian Lacoff

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Trustee's Ability to Waive Individual Debtor’s Attorney-Client Privilege, Rebecca Leaf

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Whether Negative Equity is Part of Purchase Money Security Interest?, Vitaly Libman

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Non-Consensual Third Party Releases in Chapter 11 Bankruptcy, Craig Lutterbein

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Ride Through Option for Real Property Survived BAPCPA, James Lynch

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A Prime Brokers Good Faith Defense to Fraudulent Transfers, Michael Maffei

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Case Analysis of In re Atlantic Gulf Comtys. Corp., Meagan Mahar

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Narrowing the Scope of Auditor Duties, David Margulies

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Expanding the Settlement Payments Exception in LBO’s, Matthew McNamara

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A Bankruptcy Court’s “Preference” Towards Mandatory Mediation, Seth Meyer

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Repossession Does Not Alter Debtor’s Rights in Collateral, Ian Park

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Giant Eagle, Inc. v. Phar-Mor, Inc., Courtney Pasquariello

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Non-Claim Status of Environmental Clean-Up Injunctions Limited to States, Klevis Peshtani

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Pension Benefit Guaranty Corporation’s Termination Premiums Constitute Dischargeable Pre-Petition Contingent Claims, Thomas Rooney

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The Exclusive View v. The Non-Exclusive View: Can a Creditor’s Claim be Dismissed for Failing to Provide Supporting Documentation?, Robert J. Ryan

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BAPCPA Does Not Require the Chapter 13 Means Test in Individual Chapter 11 Cases, Steven Saal

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Clear Channel Outdoor, Inc. v. Knupfer, Thomas Scappaticci

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Early Retirement Benefits Not Entitled to Severance Priority, Joe Scolavino

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American Home Mortgage, Holdings, Inc. v. Lehman Brothers Inc., Valerie Sokha

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Discharge Under the Code for ERISA "Fiduciaries", Devin Sullivan

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Can Software Be a Bankruptcy Petition Preparer?, Thomas Szaniawski