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Alec P. Ostrow
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. |