ABI Law Review
ABI Law Review
The ABI Law Review, twice a year by Thomson West, is among the most respected scholarly publications in the bankruptcy community. ABI members receive it free with membership, and it has the largest circulation of any bankruptcy law review. Top students at St. John's University School of Law edit the articles under the direction of Prof. G. Ray Warner, an ABI director, former member of the ABI Executive Committee and director of the bankruptcy LL.M. program at St. John's. Every issue contains one or more articles on consumer bankruptcy issues. In this section of the website, we have gathered all such articles from 1995 forward. For articles of more general interest to the consumer bankruptcy professional, but not per se on a specific consumer bankruptcy topic, please see the complete ABI Law Review archive at ABI's main website.
2012 Law Review Issues
- ARTICLE: The Consumer Bankruptcy Fee Study: Final Report - Lois R. Lupica
- ARTICLE: Better than Traditional Marriage?: The Bankruptcy Benefits to a Divorcee Following a Same-Sex Marriage, Domestic Partnership or Civil Union - Peter C. Alexander
- ARTICLE: "No Look" Attorneys' Fees and the Attorneys Who Are Looking: An Empirical Analysis of Presumptively Approved Attorneys' Fees in Chapter 13 Bankruptcies and a Proposal for Reform - Bruce M. Price
2011 Law Review Issues
- ARTICLE: The Loss Mitigation Program Procedures for the United States Bankruptcy Court for the Southern District of New York - Hon. Cecelia G. Morris, Mary K. Guccion
- ARTICLE: Medical Bankruptcy Reform: A Fallacy of Composition - Amy Y. Landry, Robert J. Landry, III
2010 Law Review Issues
- ARTICLE: Life after Debt: Understanding the Credit Restraint of Bankruptcy Debtors - Katherine M. Porter
- ARTICLE: The Costs of BAPCPA: Report of the Pilot Study of Consumer Bankruptcy Cases - Lois R. Lupica
- NOTE - "Fraud and Deceit Abound, but Do the Bankruptcy Courts Really Believe Everyone Is Crooked? The Bayou Decision and the Narrowing of "Good Faith" - Craig Lutterbein
2009 Law Review Issues
- ARTICLE - The Chapter 13 Estate and Its Discontents - David Gray Carlson
- ADR MEETS BANKRUPTCY: CROSS-PURPOSES OR CROSS-POLLINATION? - You've Got Your Mother's Laugh: What Bankruptcy Mediation Can Learn from the Her/History of Divorce and Child Custody Mediation - Nancy A. Welsh
- ADR MEETS BANKRUPTCY: CROSS-PURPOSES OR CROSS-POLLINATION? - Bankruptcy Law's Treatment of Creditors' Jury Trial and Arbitration Rights - Stephen J. Ware
- ADR MEETS BANKRUPTCY: CROSS-PURPOSES OR CROSS-POLLINATION? - Limiting Litigation over Arbitration in Bankruptcy - Marianne B. Culhane
- ADR MEETS BANKRUPTCY: CROSS-PURPOSES OR CROSS-POLLINATION? - Arbitration, Bankruptcy, and Public Policy: A Contractarian Analysis - Paul F. Kirgis
- ADR MEETS BANKRUPTCY: CROSS-PURPOSES OR CROSS-POLLINATION? - We Can Work It Out: Entertaining a Dispute Resolution System Design for Bankruptcy Court - Elayne E. Greenberg
- ARTICLE - The Home Mortgage and Chapter 13: An Essay on Unintended Consequences - Robert M. Zinman and Novica Petrovski
- ARTICLE - Fraudulent Conveyance Law: Destroying Free Exercise Rights at a Church Near You - Nicholas C. Rigano
2008 Law Review Issues
- ARTICLE- Does Negative Equity Negate the Hanging Paragraph - Dienna Ching
- ARTICLE- A Guide to Interpretation of the 2005 Bankruptcy Law - Jean Braucher
- ARTICLE- "Means Test" or "Just a Mean Test": An Examination of the Requirement that Converted Chapter 7 Bankruptcy Debtors Comply with Amended Section 707(b) - Kathleen Murphy and Justin H. Dion
- ARTICLE - A Study of Consumers' Post-Discharge Finances: Struggle, Stasis, or Fresh-Start? - Jay L. Zagorsky
2007 Law Review Issues
- A Look at Disparate Approaches to Valuation Under Section 506 and its Relationship to Section 1325
- Impact of Marrama on Case Conversions: Addressing the Unanswered Questions - John Rao
- Interpreting Bankruptcy Code Sections 502 and 506: Postpetition Attorneys' Fees in a Post-Travelers World - Mark S. Scarberry
- NOTES: The Applicable Commitment Period: A Debtor's Commitment to a Fixed Plan Length
- ARTICLE - Means Testing: The Failed Bankruptcy Revolution of 2005 - David Gray Carlson
- NOTES - The Category 5 Crisis: How Hurricanes Katrina and Rita Exposed Deficiencies in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
2006 Law Review Issues
- ARTICLE: Cars and Homes in Chapter 13 After the 2005 Amendments to the Bankruptcy Code - David Gray Carlson
- ARTICLE: Continuity, Change and Innovation in Emerging Consumer Bankruptcy Systems: Belgium and Luxembourg - Jason J. Kilborn
- ARTICLE: Bankruptcy Repeat Filings - John Golmant and Tom Ulrich
- NOTES: Breaking Up Is Hard to Do... Especially When Bankruptcy Is Involved: A Look at the Unfair Results that Occur When Bankruptcy Intervenes in Domestic Relations Cases - Andrew Cosgrove
- NOTES: "Debt Relief Agencies:" Does the Bankruptcy Abuse Prevention and Consumer Protection Act Violate Attorneys' First Amendment Rights? - Robert Wann, Jr.
2005 Law Review Issues
- ARTICLE: GETTING NOTICED: THE NEW NOTICE REQUIREMENTS OF SECTION 342 - HENRY E. HILDEBRAND, III
- ARTICLE: TAX CONSEQUENCES OF POST-PETITION INCOME AS PROPERTY OF THE ESTATE IN AN INDIVIDUAL DEBTOR CHAPTER 11 CASE AND TAX DISCLOSURE IN CHAPTER 11 - JACK F. WILLIAMS AND JACOB L. TODRES
- ARTICLE: RASH AND RIDE-THROUGH REDUX: THE TERMS FOR HOLDING ON TO CARS, HOMES AND OTHER COLLATERAL UNDER THE 2005 ACT - JEAN BRAUCHER
- ARTICLE: EMPTY MANDATE OR OPPORTUNITY FOR INNOVATION? PREPETITION CREDIT COUNSELING AND POST-PETITION FINANCIAL MANAGEMENT EDUCATION - KAREN GROSS AND SUSAN BLOCK-LIEB
- ARTICLE: HOMESTEAD AND OTHER EXEMPTIONS UNDER THE BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT:OBSERVATIONS ON "ASSET PROTECTION" AFTER 2005 - LAWRENCE R. AHERN, III*
- ARTICLE: CATCHING CAN-PAY DEBTORS: IS THE MEANS TEST THE ONLY WAY? - MARIANNE B. CULHANE AND MICHAELA M. WHITE
- ARTICLE: "HERSTORY" REPEATS: THE BANKRUPTCY CODE HARMS WOMEN AND CHILDREN - PETER C. ALEXANDER
- ARTICLE: DEAD MAN FILING REDUX: IS THE NEW INDIVIDUAL CHAPTER ELEVEN UNCONSTITUTIONAL? - ROBERT J. KEACH
- ARTICLE: Defining the Social Insurance Function of Consumer Bankruptcy - Adam Feibelman
2004 Law Review Issues
- Roundtable Transcript: Bankruptcy Reform: Then and Now - Arthur Miller (Moderator), Hon. William Bodoh, Philip Corwin, Christine Dugas, Robert Feidler, Samuel Gerdano, Richard Levin, David A. Skeel Jr., Gerald Smith, and Brady Williamson
- ARTICLE: Bankruptcy's Home Economics - David A. Skeel Jr.
- ARTICLE: The New Economics of the American Family - Elizabeth Warren
- ARTICLE: A Response to JJ White's Death and Resurrection of Secured Credit: Finding Some Trees but Missing the Forest - Karen Gross
2002 Law Review Issues
- ARTICLE: The Risks Of Purchasing And Collecting Consumer Debt - Guy B. Moss
- ARTICLE: Where Did Chapter 13 Come From And Where Should It Go? - By Timothy W. Dixon and David G. Epstein
- NOTE: The Sign Says "Help Wanted, Inquire Within" — But It May Not Matter If You Have Ever Filed (or Plan to File) For Bankruptcy - Robert C. Yan
2001 Law Review Issues
- ARTICLE: An Empirical Study of Debtor Education in Bankruptcy: Impact on Chapter 13 Completion Not Shown - Jean Braucher
- Article: How revised article 9 will turn the trustee's strong-arm into a weak finger: A potpourri of cases - C. Scott Pryor
- ARTICLE: Trusting The Process And Mistrusting The Results: A Structural Perspective On Article 9's Low-Price Foreclosure Rule - Andrea Coles-Bjerre
- LL.M. Thesis:Amphisbaena! How 11 U.S.C. § 522(c) Expands And Contracts State-law Exemptions In Bankruptcy - George M. Prescott Jr., Esq.
1999 Law Review Issues
- ARTICLES: Consumer Bankruptcy's New Clothes: An Empirical Study of Discharge and Debt Collection in Chapter 13 - Scott F. Norberg
- ARTICLES:A Snapshot of Two Systems That Are Trying to Help People in Finantial Trouble - David A. Lander
- ARTICLES: Distrust: The Rhetoric and Reality of Means-Testing - Jack F. Williams
- DEVELOPMENTS: Green Regs and Scams: Comments on the Report of the Bankruptcy Foreclosure Scam Task Force of the Central District of California - Robin Phelan
- ARTICLES: The Failings of the Credit Counseling and Debtor Education Requirements of the Proposed Consumer Bankruptcy Reform Legislation of 1998 - Richard L. Stehl
- Introduction: Consumer Bankruptcy Reform Roundtable - Gary Klein, Hon. Eugene R. Wedoff, John McMickle, Richardo I. Kilpatrick, Jill M. Sturtevant, Samuel J. Gerdano
- NOTE: Final Report of the Bankruptcy Foreclosure Scam Task Force - Constantine Dean Pourakis
- NOTE: Religious Liberty and Charitable Donation Protection Act of 1998 - Thomas M. Walsh
- NOTE: Student Loan Discharge in Bankruptcy - Cara A. Morea
- STUDIES: Creighton: Taking the New Consumer Bankruptcy Model For a Test Drive: Means-Testing Real Chapter 7 Debtors - Marianne B. Culhane, Michaela M. White
1998 Law Review Issues
- ARTICLES: Bankruptcy Crimes and Bankruptcy Practice - Jack Williams and Tamara Ogier
- ARTICLES: A Guide to Making a Criminal Bankruptcy Fraud Referral - Maureen A. Tighe
- INTRODUCTION: Bankruptcy Fraud: A Roundtable Discussion - Mary Jo Heston, Sandra Rasnak, Joan Safford, Hon. Robert Martin, Douglas Hyde, and Ross Silverman
- ARTICLES: The United States Trustee: The Missing Link of Bankruptcy Crime Prosecutions - Mary Jo Heston
- ARTICLES: Distinguishing Hogs from Pigs: A Proposal for a Preference Approach to Pre-Bankruptcy Planning - Juliet M. Moringiello
- ARTICLES: Increasing Uniformity in Consumer Bankruptcy: Means Testing as a Distraction and the National Bankruptcy Review Commission's Proposals as a Starting Point - Jean Braucher
- ARTICLES: Local Legal Culture and the Fear of Abuse - Jay Lawrence Westbrook
- NOTES: Uniformity of Exemptions: Assessing the Commission's Proposals - Richard M. Lombino
1997 Law Review Issues
- ARTICLES: Consumer Bankruptcy in the Balance: The National Bankruptcy Review Commission's Recommendations Tilt Toward Creditors - Gary Klein
- ARTICLES: The National Bankruptcy Review Commission and Consumer Bankruptcy: Proposals in Search of a Rationale - George J. Wallace
- ARTICLES: Counseling Consumer Debtors to Make Their Own Informed Choices -- A Question of Professional Responsibility - Jean Braucher
1996 Law Review Issues
- ARTICLES: Consumer Bankruptcy in the Balance: The National Bankruptcy Review Commission's Recommendations Tilt Toward Creditors - Gary Klein
- ARTICLES: The National Bankruptcy Review Commission and Consumer Bankruptcy: Proposals in Search of a Rationale - George J. Wallace
- ARTICLES: Counseling Consumer Debtors to Make Their Own Informed Choices -- A Question of Professional Responsibility - Jean Braucher
- ARTICLES: Redemption and Reinstatement in Chapter 7 Cases - David Gray Carlson
- ARTICLES: Student Loan Discharge Through Bankruptcy - Patricia Somers and James M. Hollis
