Volume 1, our inaugural publication, features 42 research
memoranda.
To view the memorandum's abstract, click the article number.
Relevant topic areas are listed below each article.
No. 1: Defense of In Pari Delicto Does Not Affect
Trustee Standing
Topics: Bankruptcy Litigation
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No. 2: Whether "Hedging" Anticpated Contingency Fees
Should be Deemed Impermissible Fee-Sharing under Section 504 when
the Policy Considerations Underlying the Statute are not
Offended
Topics: Ethics
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No.
3: In re Whitehall Jewelers Holdings, Inc.
Topics: Asset Sales
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No. 4: Chapter 13 Plan Cannot Avoid Lien Absent
Adversary Proceeding
Topics: Consumer Bankruptcy
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No. 5: Applying the "Applicable" Standard or the
Actual Amount: Monthly Rent in a Debtor's Chapter 13
Plan
Topics: Consumer Bankruptcy
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No. 6: No Mention of "Cure" in Section 363 Means
Default Interest Rate Applies
Topics: Business Reorganization
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No. 7: What Exactly Does the Term "Fair and Equitable"
Mean?
Topics: Bankruptcy Litigation
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No. 8: In re Kara
Homes, Inc.
Topics: Real Estate
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No. 9: Lien Preservation Does Not Give Trustee Right
to Collect All Debt
Topics: Uniform Commercial Code
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No. 10: Effect of Debtor's Pre-Petition Election to
Apply Tax Refund Toward Liability for Petition Year in
Determination of Property of the Estate
Topics: Bankruptcy Taxation
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No. 11: Allowing Trustee Removal for Cause, Sua
Sponte, After Notice and a Hearing
Topics: Court Administration
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No. 12: United States
v. White
Topics: Taxation
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No. 13: In re Kagenvaema: An End-Run Around the
"Applicable Commitment Period"
Topics: Consumer Bankruptcy
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No. 14: In re Bursztyn: A Trustee is Bound by the
Fourth Amendment but Searches of a Debtor's Property are not Always
Unreasonable
Topics: Ethics
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No. 15: Negligent Vehicular Homicide Caps a Debtor's
Homestead Exemption
Topics: Consumer Bankruptcy
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No. 16: BAPCPA's Exception to the Absolute Priority
Rule for Individual Chapter 11 Debtors
Topics: Consumer Bankruptcy
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No. 17: Chapter 13 Plan Must Pay Adequate Protection
Payments Prior to Attorney's Fees
Topics: Professional Compensation
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No. 18: Trustee's Ability to Waive Individual Debtor's
Attorney-Client Privilege
Topics: Ethics
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No. 19: Whether Negative Equity is Part of Purchase
Money Security Interest?
Topics: Consumer Bankruptcy
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No. 20: Non-Consensual Third Party Releases in
Chapter 11 Bankruptcy
Topics: Business Reorganization
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No.
21: Ride Through Option for Real Property Survived
BAPCPA
Topics: Real Estate
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No. 22: A Prime Brokers Good Faith Defense to
Fraudulent Transfers
Topics: Financial Advisors
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No.
23: Case Analysis of In re Atlantic Gulf Comtys.
Corp.
Topics: Real Estate
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No. 24:
Narrowing the Scope of Auditor Duties
Topics: Financial Advisors
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No.
25: Expanding the Settlement Payments Exception in
LBO's
Topics: Investment Banking
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No. 26: A Bankruptcy Court’s “Preference” Towards
Mandatory Mediation
Topics: Alternative Dispute Resolution
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No.
27: The Limits of "Unbundling" Legal
Services
Topics: Professional Compensation
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No. 28: Repossession Does Not Alter Debtor's Rights
in Collateral
Topics: Consumer Bankruptcy
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No. 29:
Giant Eagle, Inc. v. Phar-Mor, Inc.
Topics: Real Estate
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No. 30: Achieving Aims of Bankruptcy by Allowing
Direct Payments under Chapter 13
Topics: Mass Torts
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No. 31: Non-Claim Status of Environmental Clean-Up
Injunctions Limited to States
Topics: Business Reorganization
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No. 32: Pension Benefit Guaranty Corporation’s
Termination Premiums Constitute Dischargeable Pre-Petition
Contingent Claims
Topics: Labor & Employment
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No. 33: Appointment of a Patient Care Ombudsman:
Balance Between Adequate Patient Care and Cost to the
Estate
Topics: Health Care
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No. 34: The Exclusive View v. The Non-Exclusive View:
Can a Creditor’s Claim be Dismissed for Failing to Provide
Supporting Documentation?
Topics: Unsecured Trade Creditors
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No. 35: BAPCPA Does Not Require the Chapter 13 Means
Test in Individual Chapter 11 Cases
Topics: Consumer Bankruptcy
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No. 36:
Clear Channel Outdoor, Inc. v. Knupfer
Topics: Business Reorganization
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No. 37: Early Retirement Benefits Not Entitled to
Severance Priority
Topics: Labor & Employment
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No. 38: In re
Minter-Higgins
Topics: Unsecured Trade Creditors
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No. 39: A New Weapon for Creditors to Protect Their
Security Interests from Discharge
Topics: Uniform Commercial Code
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No. 40: American Home Mortgage, Holdings, Inc. v.
Lehman Brothers Inc.
Topics: Investment Banking
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No. 41: Discharge Under the Code for ERISA
"Fiduciaries"
Topics: Labor & Employment
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No.
42: Can Software Be a Bankruptcy Petition
Preparer?
Topics: Ethics, Technology and Telecommunications
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