Submissions from 2023
Solvent Debtors Must Pay the Contractual Post-Petition Interest Rate on Unimpaired Claims, Rayla Aberman
The Application of 11 U.S.C. § 523(a) to Subchapter V Corporate Debtors Under 11 U.S.C. § 1192(2), Elizabeth Allhusen
Creditors Not Precluded From Recovering Debtors’ Commercial Tort Litigation Recovery Through Security Interest, Dana Aprigliano
Exceptions to the Rule: When Non-Debtor Entities are Protected by the Automatic Stay, Isabella Benchetrit
A Claims Agent Can Only Profit from the Fees the Clerk of Court Can Charge, Peter Berkanish
Free and Clear Sale Under Section 363 of the Bankruptcy Code Prevents Successor Liability, Matthew Bopp
Shared Responsibility Payment may be a Tax Entitled to Priority under the Bankruptcy Code, Ashton Bryan
Trustee’s Broad Duty to Disclose Information to Interested Parties under Section 704(a)(7) of the Bankruptcy Code, Joel Cardoz
A Majority of Courts Reject the Application of the Rules for Disallowance of Claims under Section 502(d) to Administrative Expense Claims, Mairead Cooney
Uncertainty Surrounding Takings Claimants’ Rights in Municipal Bankruptcies, Gillian Deery
Bad Faith Dismissals in Chapter 7, Myah Drouin
Two Valid Approaches for Determining Whether “Taxes” Get Priority in Bankruptcy Cases, Jonathan Fuller
The Intersection of the Bankruptcy Courts and FERC, Amanda Gazzo
Whether a Surety Agreement is an Executory Contract is a Crucial Determination for Both Creditors and Debtors in Bankruptcy, Elizabeth Gomiela
Exceptions to the General Rule that the Automatic Stay Under Bankruptcy Code Section 362(a) Does not Apply to Non-Debtors, Annmarie Gruick
The Dischargeability of Money Judgements Versus Property Interests in Arbitration Awards for Domestic Contributions in the Context of Unmarried Couples, Gabriella Hansen
Personal Injury Tort Claims as Core Proceedings in Bankruptcy Courts—Broad, Narrow, and Intermediate Approaches, Brigid Lynn
The Third Circuit Requires Inequitable Conduct by a Higher-Priority Creditor to Equitably Subordinate its Debt to a Lower-Priority Creditor, Caitlyn R. Marino
Small Business Owners are Entitled to Exempt Reasonable Compensation from the Bankruptcy Estate, Rachel McGarry
The Effect of Rejection of a Copyright License on a Non-Debtor Licensee, Thomas Meininger
A Transfer Made in Connection with a Securities Contract May Not Be Avoided Under Section 546(e) of the Bankruptcy Code, Dennis Mossberg
A Decedent’s Estate is Barred from Filing Bankruptcy, Howard Poon
A Secured Creditor’s Ability to Have an Automatic Stay Lifted Against a Single Asset Real Estate, Zachary Rozycki
U.S. Trustee Fee Increase That Is Not Applicable Uniformly Violates the U.S. Constitution, Malorie Ruggeri
Avoidance of an Unauthorized Post-Petition Transfer of Intellectual Property Under Section 549 of the Bankruptcy Code, Kathryn-Rose Russotto
Compliance with Local Rules will Prevent an Individual Attorney’s Conflict from Imputing to the Entire Firm in a Bankruptcy Proceeding, Salvatore Salerno
Debts Based on Fraudulent Misrepresentations of Material Fact may not be Discharged Under § 523(a)(2)(A), Lauren Shoemaker
Non-Income Producing Properties that Never Operated may be Single Asset Real Estate Under the Bankruptcy Code, Paul R. Spagnoli
Debtor Needs to have Benefitted from Fraud to be Barred a Discharge Under 11 U.S.C. § 523(a)(2)(A), Elizabeth Tighe
Lifting the Automatic Stay after Foreclosures in New York, Andrew Vavricka
COVID-19 & The WARN Act During a Bankruptcy Case, Audrey Victor
Submissions from 2022
A Hotel Does not Meet the Definition of "Single Asset Real Estate" and may Reorganize Under Subchapter V of Chapter 11 of the Bankruptcy Code, Patrick Canavan
The Effect of Insider Status on the Court's Approval of a Key Employee Retention Plan, Perry Chresomales
Courts Apply a Case-by-Case Analysis in Distinguishing a Meritorious Motion to Disqualify from a Delaying Litigation Tactic, Cathrena Collins
The Various Methods Circuit Courts use to Define "Initial Transferee" in Fraudulent Transfers, Anthony J. Crasto
The Barton Doctrine's Applicability to Suits Against Bankruptcy Trustees When the Bankruptcy Court Lacks Jurisdiction Over the Matter, Chelsea Frankel
Chapter 15 Recognition is Necessary for Efficient and Consistent Cross-Border Proceedings, Sarah Franzetti
Jevic's Minimal Impact on Structured Dismissals and Bankruptcy Sales, Victoria R. Giorgio
ERISA Withdrawal Liability Claims Unlikely to Receive Administrative Expense Priority Status in a Chapter 11 Reorganization, Bridget Golden
Enforceability of Third-Party Releases in Foreign Proceedings Under Chapter 15, Anastasia Greer
Servicer's Duty to Respond Upon Receipt of Borrower's Notice of Error Concerning its Management of a Loan, Ilayna Guevrekian
A Debtor's Eligibility for Relief Under Subchapter V of Chapter 11, Nicholas Hasbún
Analysis of Courts' Discretion to Enforce Arbitration of Core Claims, Sarah L. Hautzinger
The Approval of Retirement Contributions in Chapter 13 Payment Plans, Jennifer Hepner
Ownership Status of Inherited Retirement Accounts in Bankruptcy, Aron Kaplan
Assessing the Two Tests Courts Use to Determine Dischargeability of Student Loan Debt, Sean B. King
A Foreign Debtor who Lacks Permanent Residence in the U.S. may Qualify for Florida’s Homestead Exemption, Jenna Kirkland
The Split in the Application of Section 109(a) Requirements to Chapter 15 Cases, Kate Long
Age as a Factor in Determining Discharge of a Debtor’s Student Loan Debt, Julia Merani
Granting Derivative Standing to a Creditors’ Committee, Jordan Milite
True Sales or Secured Transactions? The Contract is Not Dispositive, Daniel Mosayov
FDCPA Claims: Are Intangible Injuries “Concrete” Injuries?, Kimberly Moyal
Availability of Setoff to Foreign Debtors and Representatives in U.S. Courts, Joseph Muschitiello
The Ability to Set and Enforce Bar Dates and Determine Untimely Administrative Expense Claims in a Chapter 11 Case, Kayla Nieves
Are Nonconsensual Third-Party Releases Acceptable in United States Courts, Megan O’Connor
Constitutionality of Non-Uniform Quarterly Fees, Michael Francis Pecorella
The Prospect of a Debtor’s Future Employment is a Factor Courts Consider When Discharging Student Loan Debt, Joe Pizzingrillo
The Features and Limitations of Asbestos Settlement Trusts: A Primer, Michael Quintman
Subsequent Transferee’s Good Faith for Value Defense: The Second and Ninth Circuit’s Perspective, Alexa Schimp
A Non-Party’s Ability to Assert a Cure Claim Under 365(b)(1)(A) in New York, Brendan Shaw
Equitable Subordination of a Claim Depends on Insider Status, Conduct of the Claimant, and if There was Harm, Nicholas Smargiassi
When a Critical Vendor may be Insulated from Preference Liability, Michael A. Solimani
The Role a Debtor’s Age Plays When Determining Whether to Discharge Student Loan Debt, Joseph Wales
Circumstances Under Which a Court Will Dismiss a Chapter 11 Filing Made in Bad Faith, Nicholas Wogan
Submissions from 2021
Two Approaches for Evaluating a Debtor’s “Additional Circumstance” Under the Brunner Test to Qualify for a Hardship Discharge of Student Loan Debt, Julie Aberasturi
The Differing Standards to Obtain a Student Loan Debt Discharge, Nicholas Bonelli
The Debtor’s Absolute Right to Dismiss a Chapter 13 Case, Jared Brady
Enforcing Make Whole Premiums in Bankruptcy, Brian P. Campbell Jr.
Unqualified Student Loans are Likely Dischargeable in Bankruptcy, Cristian Catanese
Bankruptcy Debtors are Ineligible for PPP Loans, Laura Chambers
Standing to Challenge Bankruptcy Court’s Approval of Retiree Benefits Settlement, Inkook Choi
Bankruptcy Courts are Divided on Reducing a Debtor’s Obligation to Pay Rent When Government Regulations Restrict a Debtor’s Ability to Generate Income, Brittany M. Clark
Impact of Covid-19 on Debtor’s Obligations to Comply with Duties to Pay Rent, Joseph DiOrio
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
A Bankruptcy Court May Temporarily Suspend Rent Obligation, Matthew Kipnis
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
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
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