Founded in 1993, the American Bankruptcy Institute Law Review (ABI Law Review) is a partnership between St. John's School of Law and the American Bankruptcy Institute.
Circulating to over 12,000 and publishing articles and student notes on cutting edge issues of bankruptcy law and practice, we are widely regarded as the nation's premier scholarly bankruptcy journal. At the request of the American Bar Association, we updated an expanded version of our first issue as a hardcover book on single asset real estate transactions. It is now considered a foremost authority on the subject and is sold nationwide.
In addition to publishing the ABI Law Review biannually, our members help organize and run the prestigious Duberstein Bankruptcy Moot Court Competition, the only bankruptcy moot court competition in the nation. We conduct the research and create the fact patterns that form the basis of the competitors' arguments. We also prepare the bench memo for the Competition's judges, field two ghost teams that litigate alongside the competitors and serve as bailiffs in the preliminary rounds.
As members of the ABI Law Review, students are highly encouraged to author notes on major bankruptcy issues affecting various legal disciplines. They also help choose topics for each issue. Student editors and staff have complete control over the journal editing process.Members also contribute to the ABI Bankruptcy Case Blog and the St. John’s Bankruptcy Research Library, offering current research on bankruptcy’s most cutting edge cases and issues.
The American Bankruptcy Institute Law Review is one of the premier scholarly publications in the field of bankruptcy law. In January 2012, the bankruptcy law community came together at the Loeb Boathouse Central Park to mark 20 years of successful partnership between the American Bankruptcy Institute and St. John's School of Law as co-producers of the ABI Law Review.
Bankruptcy Judge Wes Steen has retired from the bench, after 17 years of distinguished service in both the Southern District of Texas and the Middle District of Louisiana. A past President of the ABI (the only judge to serve as President), he was also a member of the American Bankruptcy Institute Law Review advisory board.
To honor Judge Steen, ABI has established an annual ABI Law Review prize in his name, for the best article published in the ABI Law Review in a particular year as selected by the advisory board. Upon publishing with the ABI Law Review, each author is automatically eligible for the prize.
The first award of $5,000 will be funded in 2011 by a donation from the Houston Bar Association Bankruptcy Section, the Moeller Foltz Inn of Court and the Houston Association of Consumer Bankruptcy Attorneys.
Learn more about the American Bankruptcy Institute Law Review and our initiatives:
American Bankruptcy Institute Law Review
St. John’s School of Law
8000 Utopia Parkway
Queens, NY 11439
TBAFaculty AdvisorsProfessor Keith SharfmanProfessor G. Ray Warner
For publication inquiries and submissions, please e-mail [email protected].
For all other inquiries, please e-mail [email protected].
American Bankruptcy Institute Law Review
St. John's University School of Law Editorial Board
ERIC H. SILVERSTEIN
Membership on the ABI Law Review is offered to students with a minimum grade point average of 3.3 who successfully complete a writing competition held at the end of first-year day and second-year evening programs.
As members of the ABI Law Review, students are highly encouraged to author notes on major bankruptcy issues affecting various legal disciplines. They also help choose topics for each issue. Student editors and staff have complete control over the journal editing process.
In addition to assisting with the prestigious Duberstein Moot Court Competition each year, members of the ABI Law Review contribute to the ABI Bankruptcy Case Blog and the St. John’s Bankruptcy Research Library, offering current research on bankruptcy’s most cutting edge cases and issues.
Please contact us for more membership information.
Twice a year, the ABI Law Review publishes scholarly articles on timely legal issues related to the field of bankruptcy. The only student pieces we publish are notes written by our own members.
We accept submissions by email (preferred), regular mail and facsimile. Please send your submission to:
American Bankruptcy Institute Law Review
Attention: Executive Articles Editors
St. John’s University School of Law
8000 Utopia Parkway
Queens, NY 11439[email protected]
For subscriptions or individual copies of the ABI Law Review, please contact:
610 Opperman Drive
Eagan, MN 55123
For membership in the American Bankruptcy Institute, please contact:
American Bankruptcy Institute
44 Canal Center Plaza, Suite 400
Alexandria, VA 22314
F: 703-739-1060[email protected]
Bankruptcy and Education
Bankruptcy law interacts with education law in a number of respects. A bankrupt educational institution loses access to student financial aid, and its accreditation status is excluded from and thus may not be sold by the bankruptcy estate. Actions by accreditation agencies against bankrupt educational institutions are not subject to the automatic stay. And absent a showing of hardship, student loans are not dischargeable in bankruptcy.
The exceptional treatment of educational institutions and their students in bankruptcy reflects a fundamental tension between the goals of bankruptcy law on the one hand and education policy on the other. While bankruptcy law generally seeks to maximize value for creditors and afford a fresh start to individual debtors, it balances these objectives with the goals of education policy, which include assuring educational quality, access, and affordability, as well as protecting the investment of public funds in the educational sector.
Whether current law achieves the correct balance or ought to be rethought and reformed is the subject of a symposium that the American Bankruptcy Institute Law Review will host at St. John’s School of Law on October 24. The symposium will bring together distinguished experts in the fields of bankruptcy and education law and is especially timely in light of recent news events and currently pending legislation to reauthorize the Higher Education Act.
Hedge Funds in Bankruptcy
Hedge funds are playing an increasingly important role in bankruptcy cases. As investors in financially distressed securities, they provide a valuable outlet for holders of such securities who wish to exit those markets. They also facilitate the consolidation of distressed securities into the hands of owners who are well equipped to push for outcomes in Chapter 11 cases that maximize their value. At the same time, the active participation of hedge funds in the bankruptcy process at times gives them access to nonpublic information that may afford them an undue advantage in their ongoing trading activities.
To balance these competing considerations, various practices have developed and others are under consideration to regulate hedge funds in ways that preserve the value that they add to the bankruptcy process while also eliminating any undue trading advantage that participation in that process may afford them. These measures and the various proposals for their reform, which are now being hotly debated within the bankruptcy and hedge fund communities, are the subject of this symposium.
On October 4, distinguished scholars and professionals in the hedge fund and bankruptcy fields will gather on the St. John's campus to discuss the growing role that hedge funds now play in the bankruptcy process and to assess the desirability of maintaining, expanding, limiting, or otherwise changing this role by means of changes in bankruptcy law, policy, or practice.
Bankruptcy and Race: Is There a Relation?
In a recent study of personal bankruptcy cases and practitioners, Professors Jean Braucher, Dov Cohen and Robert Lawless made a troubling finding: the debtor's race appears to affect the advice that lawyers give about whether to file for bankruptcy under Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code. Is this finding correct? And if so, what are its implications for bankruptcy law and policy? This symposium will bring together leading bankruptcy, empirical, and race scholars to address these questions through commentary on the Braucher study and a reply from the primary study authors.
Keith Sharfman, Professor of Law, Associate Director of Bankruptcy Studies, St. John's School of Law
G. Ray Warner, Associate Dean for Bankruptcy Studies, Professor of Law, St. John's School of LawPanelists
Religion and Bankruptcy: Perspectives Thereon and Treatment Therein
From the time of its creation and throughout its evolution, bankruptcy law has affected and been affected by religion. Important aspects of current bankruptcy law, such as the discharge of debt and the exemption of personal property, originated in religious traditions before making their way into secular law. At the same time, religious individuals and institutions are themselves often parties in bankruptcy cases, and a number of Bankruptcy Code provisions specifically address religious matters. This symposium will bring together leading bankruptcy experts and thinkers who will examine both sides of this relationship.
The SEC in Bankruptcy: Past, Present and Future
Since its founding, the Securities and Exchange Commission (SEC) has played an important role as both a regulator and participant in bankruptcy cases, valuing debtor assets, opining on plans of reorganization, regulating the trading of claims and the disclosure of information, and much else. In recent years, the SEC's role in bankruptcy has intensified with the increased use of receiverships in Ponzi scheme and other cases. This symposium brought together prominent scholars and practitioners to discuss the SEC's past and present involvement with bankruptcy and to suggest approaches for the future
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