WE’RE BACK! THE CURRENT ISSUE OF THE AMERICAN BANKRUPTCY LAW JOURNAL IS NOW ONLINE.

Greetings everyone. We at the ABLJ are proud to announce that Volume 97, Issue 2 is up and available for review. We hope you enjoy these articles and are grateful to the scholars and editors who bring them to you. To read the entire issue now, click here.

Very soon, we will feature video interviews with our authors and editors discussing their articles and the issues they raise for judges, practitioners, and academics. Please check back with us soon.

Thanks for your interest and support. Happy reading.

Terry
Terrence L. Michael
Editor in Chief
American Bankruptcy Law Journal

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IN THIS ISSUE

Professor Douglas Baird of the University of Chicago uses the phrase “creditor-on-creditor aggression” to describe tactics creditors use to extract money from other creditors, as opposed to debtors. Professor Baird analyzes creditor-on-creditor aggression through its origins in New Deal legislation, to loan syndicates intended to unify creditor interests, to pre-planned bankruptcies that circumvent the Bankruptcy Code and Rules to the detriment of any nonparticipating creditors who lose these systemic protections as well as their contractual rights. To read the article now, click here. 

Artificial intelligence is in the news, with stories of AI replacing entire swaths of the economy a weekly feature. But what does AI mean for bankruptcy lawyers? Will robot lawyers suddenly appear at confirmation hearings, or is AI less scary (and more useful) than it seems? In this article, Joe Tiano and Nancy Rapoport discuss how and when to use AI, and how AI might affect, in particular, a lawyer’s choices in deciding who does the first cut of work: a computer or a human. To read the article now, click here. 

Colleges, universities, and other institutions of higher education (“IHEs”) in financial distress find themselves at the crossroads between federal statutes. While IHEs may be debtors under the Bankruptcy Code, bankruptcy relief comes at a steep price: the immediate loss of the right to proceeds of payments from federal student loans under Title IV. Thus, upon the filing of a bankruptcy petition, most IHEs would find themselves without their primary source of income. Without access to Title IV funds, a successful chapter 11 reorganization is practically impossible. In this article, utilizing real examples, Professor Robert Miller (University of South Dakota School of Law) examines the unique situation that IHEs occupy in the restructuring arena, including historical treatment and currently available, but inadequate, restructuring options before proposing an IHE specific subchapter of chapter 11 designed to balance the need for an IHE to restructure with the governmental interest in controlling use of Title IV funds. To read the article now, click here. 

Remember blowing bubbles as a child – watching those magical gas-filled liquid balls float through the air and burst? A housing bubble does not form in the same way as those from childhood. Instead, housing “bubbles” are formed by rapidly increasing housing prices that cannot be sustained – which results in the bubble “bursting.” During a housing bubble the question of who gets the increase in value becomes an important issue in consumer bankruptcy filings. In this article, Professor David Carlson takes a thorough look at who wins and who loses through the lens of the Bankruptcy Code, how lien treatment has been examined by the courts, and the different outcomes that can occur in chapter 7 and chapter 13 cases. To read the article now, click

here.