Practice:

Bankruptcy and Creditors’ Rights

selected publications

“Nondisclosure as a Basis for Judicial Estoppel in Bankruptcy, or Estop Me If You Haven’t Heard This Before” Norton Annual Survey of Bankruptcy Law 123, 2011 edition, Norton, William L. Jr., West
“Don’t Let Me Down: Limiting the Use of Section 510(b) Subordination” Norton Annual Survey of Bankruptcy Law 367, 2010 edition, Norton, William L., Jr., West
“The Odd Free and Clear Sale, or Clear-Channeling the Spirit of Subsections (3) and (5) of Section 363(f)” Norton Annual Survey of Bankruptcy Law 91, 2009 edition, Norton, William L., Jr., West Services Inc.
“Lyondell Injunction: Too Big To Flail?” Bloomberg Law Reports. Volume 3, Number 15. Co-author. April 13, 2009.
“Big Three Bailout and Bankruptcy.” Contributing Viewpoint. American Bankruptcy Institute. Bankruptcy Townhall. February 2009.
“The Equitable Claim in Bankruptcy, or What’s in a Claim: That Which We Call an Equitable Remedy?” Chapter 3. Contributing author. Norton Annual Survey of Bankruptcy Law. 2008 edition. (copyright West Services, Inc.)
“Surviving Life in the Chapter 11 Fishbowl.” Contributing author. Inside the Minds: Chapter 11 Bankruptcy and Restructuring Strategies. Aspatore Books. 2008.
“We Don’t Need the Case Law to Turn the DIP’s Attorney into a Court Informant.” American Bankruptcy Institute Law Journal. Volume XXVII, No. 4/May 2008.
“‘Kelo’ Condemnation and the Automatic Stay: Can a Debtor Fight City Hall?” Real Estate Committee, ABI Committee News. Volume 5, Number 1/February 2008.
“Bankruptcy Business Sales Free and Clear of Antitrust Liability to Private Parties: A Proposal to Encourage Bidding from Competitors.” 2007 Annual Survey of Bankruptcy Law 209 (co-author).
“Forfeiture of Office by Buying Estate Property: The Bankruptcy Crime and the Civil Punishment, Part II.” Commercial Fraud Task Force Committee, ABI Committee News. Volume 4, Number 2/May 2007.
“Forfeiture of Office by Buying Estate Property: The Bankruptcy Crime and the Civil Punishment, Part I.” Commercial Fraud Task Force Committee, ABI Committee News. Volume 4, Number 2/April 2007.
“The Res Judicata Effect of Impermissible but Unlitigated Provisions in Confirmed Plans” 2006 Annual Survey of Bankruptcy Law 55.
“Introduction to the Bankruptcy Code.” Chapter 2. Contributing author. Bankruptcy Business Acquisitions. Second edition. 2006.
“Regulatory Considerations: Sale of Assets in Regulated Industries.” Chapter 26. Contributing author. Bankruptcy Business Acquisitions. Second edition. 2006.
“Airline Cases Ground Setoff Rights.” Pratt’s Journal of Bankruptcy Law. October/November, 2006.
“There They Go Again! Another Modification of Lessee Rights in Bankruptcy With Questionable Notice.” American Bankruptcy Institute Real Estate Committee Newsletter, November 2005.
“Rethinking Recoupment: Are We Really Sure It’s Not a Subset of Setoff?” Annual Survey of Bankruptcy Law 245, 2005.
“The New De Minimis Preference Defense: Does It Really Mean What It’s Supposed to Mean?” Pratt’s Journal of Bankruptcy Law, Vol. 1, No. 3, August/September 2005.
“My Lips Are Sealed: Sealing Files, Closing Courtrooms and in Camera Inspections in Bankruptcy Cases.” Annual Survey of Bankruptcy Law 203, 2004.
“Qualitech and Sales Free and Clear of Leesehold Interests: Bankruptcy Process and Due Process.” NABTalk, Vol. 19, No. 4, P. 14, 2004.
“Bankruptcy Adds New Vistas to Real Estate Landscape.” Journal of Corporate Renewal, Vol. 17, No. 8, P. 16, August 2004.
“The ‘Animal Farm’ of Administrative Insolvency.” 11 American Bankruptcy Institute Law Review 339, 2003.
“Free and Clear of Successor Liability, or Whose Liability is it Anyway?” Annual Survey of Bankruptcy Law 119, 2003.
“Bankruptcy and Redundant Representation, or How Many Bankruptcy Lawyers Does it Take to Change . . . a Debtor into a Debtor in Possession?” 11 Journal of Bankruptcy Law and Practice 227, 2002.
“Jurisdiction and Substance in License Disputes with the FCC.” Richard N. Tilton’s Business Bankruptcy Acquisitions, Lex. Med. Supp., 2002.
“Insider Includes? Include Me Out.” 7 American Bankruptcy Institute Law Review 601, 1999.
“The Involuntary Chapter 11 Case: Why Don’t We Do It in the Gap?” No One Will Be Watching Us.” 5 Journal of Bankruptcy Law and Practice 63, 1995.
“Constitutionality of Core Jurisdiction.” 68 American Bankruptcy Institute Law Journal 9, 1994.
“Mutuality of Obligation for Executory Contracts.” New York Law Journal, Oct. 30, 1995. Co-author.