Volume 1 (2009)

Volume 1, our inaugural publication, features 42 research memoranda.

No. 1: Defense of In Pari Delicto Does Not Affect Trustee Standing

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

No. 3: In re Whitehall Jewelers Holdings, Inc.

No. 4:  Chapter 13 Plan Cannot Avoid Lien Absent Adversary Proceeding

No. 5: Applying the "Applicable" Standard or the Actual Amount: Monthly Rent in a Debtor's Chapter 13 Plan

No. 6: No Mention of "Cure" in Section 363 Means Default Interest Rate Applies

No. 7:  What Exactly Does the Term "Fair and Equitable" Mean?

No. 8: In re Kara Homes, Inc.

No. 9: Lien Preservation Does Not Give Trustee Right to Collect All Debt

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

No. 11: Allowing Trustee Removal for Cause, Sua Sponte, After Notice and a Hearing

No. 12: United States v. White

No. 13: In re Kagenvaema: An End-Run Around the "Applicable Commitment Period"

No. 14: In re Bursztyn: A Trustee is Bound by the Fourth Amendment but Searches of a Debtor's Property are not Always Unreasonable

No. 15: Negligent Vehicular Homicide Caps a Debtor's Homestead Exemption

No. 16: BAPCPA's Exception to the Absolute Priority Rule for Individual Chapter 11 Debtors

No. 17: Chapter 13 Plan Must Pay Adequate Protection Payments Prior to Attorney's Fees

No. 18: Trustee's Ability to Waive Individual Debtor's Attorney-Client Privilege

No. 19: Whether Negative Equity is Part of Purchase Money Security Interest?

No. 20: Non-Consensual Third Party Releases in Chapter 11 Bankruptcy

No. 21: Ride Through Option for Real Property Survived BAPCPATopics: Real Estate

No. 22: A Prime Brokers Good Faith Defense to Fraudulent TransfersTopics: Financial Advisors

No. 23:  Case Analysis of In re Atlantic Gulf Comtys. Corp.

No. 24: Narrowing the Scope of Auditor Duties

No. 25: Expanding the Settlement Payments Exception in LBO'sTopics: Investment Banking

No. 26: A Bankruptcy Court’s “Preference” Towards Mandatory Mediation

No. 27: The Limits of "Unbundling" Legal Services

No. 28: Repossession Does Not Alter Debtor's Rights in Collateral

No. 29: Giant Eagle, Inc. v. Phar-Mor, Inc.

No. 30: Achieving Aims of Bankruptcy by Allowing Direct Payments under Chapter 13

No. 31: Non-Claim Status of Environmental Clean-Up Injunctions Limited to States

No. 32: Pension Benefit Guaranty Corporation’s Termination Premiums Constitute Dischargeable Pre-Petition Contingent Claims

No. 33:  Appointment of a Patient Care Ombudsman: Balance Between Adequate Patient Care and Cost to the Estate

No. 34:  The Exclusive View v. The Non-Exclusive View: Can a Creditor’s Claim be Dismissed for Failing to Provide Supporting Documentation?

No. 35: BAPCPA Does Not Require the Chapter 13 Means Test in Individual Chapter 11 Cases

No. 36: Clear Channel Outdoor, Inc. v. Knupfer
No. 37: Early Retirement Benefits Not Entitled to Severance Priority

No. 38: In re Minter-Higgins

No. 39: A New Weapon for Creditors to Protect Their Security Interests from Discharge

No. 40: American Home Mortgage, Holdings, Inc. v. Lehman Brothers Inc.

No. 41: Discharge Under the Code for ERISA "Fiduciaries"

No. 42: Can Software Be a Bankruptcy Petition Preparer?