Volume 1 (2009)

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