2 September 2011 ABI Journal

InThisIssueConference/Event Schedule 4Benchnotes 6Legislative Highlights 8Legislative Update 10Bankruptcy Crossword 58ABC Update 84Winter Leadship Conference 86Inside ABI 90Features

Laid-Off Employees Score Key Victory on Priority Treatment of Severance Claims by Gregory W. Fox coverExaminers’ Reports: Expert Opinion or Inadmissible Hearsay? by Mark Minuti, Lauren J. Grous and Monique A. Bair 20Stern v. Marshall and the Limits of Consent by Jonathan Azoff and Thomas Szaniawski 28SARE Debtors Beware: Sixth Circuit BAP Prohibits Use of Post-Petition Rents by Shane G. Ramsey 46

ColumnsNYC-OTB’s Implications for Chapter 9 Debtor Eligibility and “For Cause” Dismissals by Kevin M. Baum and Craig T. Lutterbein

Not All Retirement Plans Are Created Equal: ERISA Top-Hat Plans Constitute Property of Estate by David C. Christian II and James B. Sowka

Of Handguns, Tequila and Electronic Case Filing by Hon. Mary P. Gorman and Khadijia V. Thomas

Proofs of Claim, Prima Facie Validity and Shifting Burdens: You Got Something to Prove? by William L. Medford and Mugdha Kelkar

To Possess or Not to Possess: The Lessons to Take Away from Kemp v. Countrywide by Scott B. Lepene and Kristen M. Cady

Ransom Answers Irrevelant Question: Allowable Expense under Standards Does Not Include Debt Service by Thomas J. Yerbich

Are §§ 1129(a)(1) and (3) Dead? Erosion of Contract Counterparty’s Rights in Chapter 11 by Lisa S. Gretchko

Delaware Court Cracks Down on Insufficiently Plead Preference-Action Complaints by Mark A. Platt and Camisha L. Simmons

Creative Solutions for Insurance Challenges by Steve Korf, Adam Rogoff, Anupama Yerramalli and Rachael Ringer

Must Social Security Benefits Be Included in a Debtor’s Ability to Repay Creditors? by David P. Eron and Leonard K. Welsh

The Line Is Dead: The Future of Telephone, Cable and Wireless Communications by Kenneth R. Yager II

Priming Setoff Rights by GianClaudio Finizio and Evan T. Miller

How Financial Advisers, Attorneys Approach the Reorganization Plan by Richard Whitlock, Douglas S. Bartner and Susan A. Fennessey

Sunset Aviation: Can Trustee Expand Preference Period through Substantive Consolidation? by Billy Hildbold

Breach-of-Fiduciary-Duty Claims in Environmental Liabilities to Move Forward by John W. Ames

Vacating Court-Initiated Sanctions: In Search of an Effective Bankruptcy Sanctions Regime by Jaime E. Serrano, Jr.

Making Sure Incredible Expert Is Also Credible by Brian L. Shaw and Mark L. Radtke

Mediation: Can’t We All Just Get Along? by Ji Hun Kim and Nicholas M. McGrath

Structuring the § 363 Sale Transaction by Robert F. Reilly

Are a Debtor’s Trading Prices Reliable Evidence of Its Enterprise Value? by Duston K. McFaul and Kirk S. Cheney

LienonMe 22

Practice&Procedure 18

ConsumerCorner 24

LastinLine 26

OntheEdge 30

CodetoCode 14

AffairsofState 12

ClerkCommentary 16

InsuranceIssues 32

FinancialStatements 36

ProblemsintheCode 38

TurnaroundTopics 40

Newsat11 42

Toxins-Are-Us 44

StudentGallery 48

ConsumerPoint/Counterpoint 34

BuildingBlocksI 50

BuildingBlocksII 52

Value&CentsI 54

Value&CentsII 56