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?