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In This Issue Features

Conference/Event Schedule Benchnotes Legislative Highlights Legislative Update Bankruptcy Crossword Advertisers’ Showcase ABC Update Winter Leadship Conference Inside ABI

4 6 8 10 56 72 92 94 98

How Disposable Is Your Individual Chapter 11 Debtor’s Income? by David S. Jennis and Kathleen L. DiSanto cover Municipalities in Crisis: Now That It’s Broke, How Does It Get Fixed? The Alternatives by Scott Y. Stuart 18 UBP: Has the Pendulum Swung Too Far? by Richard S. Lauter, Michael A. Brandess and Brian J. Jackiw 24 Issues Impacting Tax Credit Property Workouts by Alan L. Weiner 32 S.D.N.Y. Splits with Delaware over Scope of the Safe Harbor for Settlement Payments by Elan A. Gershoni and Jonathan S. Feldman 40 “Reorganizing” to Liquidate: Chapter 12 Anomaly by Wesley F. Smith 46 Competing Bankruptcies: What Defenses Survive the Automatic Stay? by Van C. Durrer II and Kimberly D. Jaimez 52

Columns Affairs of State


A Pathway to State Bankruptcy by Matthew D. Cavenaugh and Marvin E. Sprouse III

Code to Code


If You Build It: What You Should Know about Mechanic’s Liens in Bankruptcy by Paul R. Hage and Patrick R. Mohan

Practice & Procedure


On Our Watch


Parsing and Complying with New Rule 2019 by James M. Wilton and James A. Wright III Committee Formation and Reformation: Considerations and Best Practices by Roberta A. DeAngelis and Nan Roberts Eitel

On the Edge


News at 11


It’s Settled... Or Maybe Not by Leonard P. Goldberger Can the Disclosure Statement Supplement the Plan to Preserve Estate Claims? by Eric W. Anderson

Lien on Me


To Boldly Go Where No Court Has Gone Before: Enron and the Application of § 546(e) by Oscar N. Pinkas and David A. Pisciotta

European Update


Litigator’s Perspective


Expected Return to Former Overindebtedness Test under German Insolvency Law by Adam Gallagher Litigators: Welcome to Article III and Jury Trial by Samuel H. Israel and William H. Stassen

Problems in the Code


Stern v. Marshall: A Constitutional Conundrum by David P. Leibowitz

Consumer Point/Counterpoint


Are There Hidden Trustee Treasures in FDCPA and FCRA Claims? by Robert J. Nahoum and Jeffrey D. Vanacore

Trustee Talk


Section 362(h) Deprives a Trustee of Property of the Estate by Wendell J. Sherk



Disagreeing without Being Disagreeable: What Can We Learn from a Used Car Salesman? by Hon. Alan S. Trust

Suggested Reading


American Factoring Law Reviewed by Mary H. Rose

Building Blocks


The Basics of Retaining a CRO by Kevin M. Baum

Value & Cents


New Accounting Rules for Troubled Debt Restructurings by Robert F. Reilly

2 October 2011

ABI Journal

October 2011 ABI Journal Table of Contents  

ABI Journal Table of Contents: October 2011

October 2011 ABI Journal Table of Contents  

ABI Journal Table of Contents: October 2011