NORTON ANNUAL SURVEY OF BANKRUPTCY LAW (2009)

This is a single-volume collection of articles and recent developments and provides a review of bankruptcy law developments occurring over the past year. It is published annually and is also available on Westlaw in the following database: NRTN-ASBL.

Visit Thomson-West for more information about Norton Annual Survey of Bankruptcy Law.

CONTENTS OF THIS VOLUME

PART I

COMMERCIAL BANKRUPTCY

Current Issues Involving The Application Of Exculpation and the Business Judgment Rule To Creditors' Suits Against Directors Of Insolvent Corporations

Dennis J. Connolly and Bess M. Parrish

Punitive Damages in Bankruptcy Cases: A Mixed Past, an Uncertain Future, but a Sure Need for Reform

By Anthony Michael Sabino

Current Approaches to Substantive Consolidation: Owens Corning Revisited

By Dennis J. Connolly, John C. Weitnauer, and Jonathan T. Edwards

Trafficking in NOLs? Yes, We Can!

By Robert Willens

When Does a Bankruptcy Court's Order Confirming a Chapter 11 Plan Bar a Nondebtor's Assertion of a Claim Against Another Nondebtor Under Res Judicata?

By George V. Utlik

The Odd Free and Clear Sale, or Clear-Channeling the Spirit of Subsections (3) and (5) of Section 363(f)

By Alec P. Ostrow

Yes, You Do Need Damages for Equitable Subordination: Fifth Circuit Reaffirms in In re SI Restructuring, Inc. That Equitable Subordination Requires Showing of Harm to Creditors

By David A. Beck

Don't Throw Away Your Deepening Insolvency Materials Just Yet... Damages Under Thabault v. Chait, and Harmonizing Brown Schools with Radnor Holdings and Post-CitX Case Law

By Russell C. Silberglied

Retention and Transfer of Avoidance Claims: Practice Tips and Pitfalls

By H. Jeffrey Schwartz and Davin J. Hall

When Markets Go Awry: Reconsidering Traditional Valuation Tools

By Gary Kaplan

The Executory Contract Ride Through: A Doctrine from the Past Provides an Option for the Present

By David M Fournier and John H. Schanne II

Chapter 15 Choice of Avoidance Law in a U.S. Bankruptcy Court: Is It Really a Choice?

By Brendan Mockler

Binding Effect of Claim Estimation Under Bankruptcy Code § 502(c)

By Peter C Ruggero

Has the Ninth Circuit Finally Seen the Light? The Latest Development in Bankruptcy Preemption

By Anthony W. Austin and Scott K. Brown

Bankruptcy Appellate Standing: Who Is an "Aggrieved Person?"

By William Hao

PART II

CONSUMER BANKRUPTCY

BAPCPA and the "Plain Meaning" Paradox

By Lynne F. Riley and Maria C. Furlong

Dueling Statutes: Application of Code § 547(e)(2) and 547(c)(1) to Avoidance of Lien Perfection

By Samuel K. Crocker

2009 Survey of Residential Mortgage Issues in Consumer Bankruptcy Cases

By David P. Leibowitz

The Totality of What Circumstances? How Courts Determine Whether Granting Bankruptcy Relief Would Be an Abuse

By Adam J. Ruttenberg

PART III

RECENT DEVELOPMENTS

Recent Developments: Section 105(a) of the Bankruptcy Code

By Nicholas B. Malito

Section 106(a) of the Bankruptcy Code — Recent Developments in the Law Regarding Sovereign Immunity Under the Bankruptcy Code

By Steven C. Krause and Andrew Zatz

Sections 301, 302, and 303 — Voluntary, Involuntary, and Joint Cases

By Erin Edward Van Valkenburg

Abstention: Recent Developments

By James A. Chatz, Joy E. Levy, John F. Hiltz, and Jonathan B. Knisley

Recent Developments in Case Law Relating to Sections 327 to 330 of the Bankruptcy Code

By Melanie J. Dritz

Section 362--Automatic Stay

By Rob Charles

Sections 363 and 364--Use, Sale, or Lease of Property and Obtaining Credit

By Bruce Grohsgal

Section 365--Assumption and Rejection of Executory Contracts and Unexpired Leases

By Lisa M Barbacci

The Application of Section 502(d) to Section 503(b)(9) Claims — "You Can Put Lipstick on a Pig"

By Lauren C. Cohen

Recent Developments in Section 503 — Allowance of Administrative Expenses

By Paul R. Hage and Patrick R. Mohan

Section 506

By Nancy A. Peterman and Collin B. Williams

Recent Developments in Section 510 of the Bankruptcy Code

By Michael J. Kelly

Section 523--Exceptions to Discharge

By Stewart H. Cupps

Section 525--The Anti-Discrimination Provision

By Jeanette B. McPherson

Sections 542 and 543 — Turnover of Property of the Estate

By Bruce Grohsgal

Section 547: Preferences

By Henry Jaffe and James Carignan

Sections 548 and 550--Recent Developments in the Law of Fraudulent Transfers and Recoveries

By Timothy A. Barnes and Mark R. Bernstein

Section 553--Setoff

By Harold D. Israel and Kathryn L. Schmanski

Sections 1113 and 1114 — Recent Developments in the Law Regarding the Rejection of Collective Bargaining Agreements and the Modification of Retiree Benefits

By Daniel J. Morse and Matthew G. Garofalo

Recent Developments in Chapter

By Michael D. Sousa

Recent Developments in Chapter

By Andrew D. Stosberg and Ivana B. Shallcross

2008 Developments in Bankruptcy Jurisdiction

By Susan Power Johnston

Recent Developments in the Area of Lender Liability Law

By Gerald L. Blanchard

2008 Developments in Chapter

By Susan Power Johnston

Enforceability of Arbitration Provisions In Bankruptcy Case Law from 2008

By William J. Factor

PART IV

Judge William L. Norton, Jr., Judicial Excellence Award

Remarks by Gerald K. Smith on Presenting the Award to Judge Conrad K. Cyr

Remarks by Judge Joe Lee on Accepting the Award on Behalf of Judge Conrad K. Cyr