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Judge Judith K. Fitzgerald (Retired) <br/><div style='color:#83603e;font-size:12px;'>U.S. Bankruptcy Court Western District of Pennsylvania</div>

Judge Judith K. Fitzgerald (Retired)
U.S. Bankruptcy Court Western District of Pennsylvania

Arbitrator, Mediator, Mock Trials

Judge Fitzgerald served as a United States Bankruptcy Judge in the Western District of Pennsylvania (1987-2013), and sat by designation in the District of Delaware (20 years), the Eastern District of Pennsylvania (8 years) and the U.S. Virgin Islands (9 years). She has the depth and breadth of experience dealing with complex commercial and insolvency matters, consumer lending and bankruptcy matters and conflicts of laws.

Judge Fitzgerald has hundreds of reported decisions in cases she adjudicated.   As a judge, she held hearings, status conferences and trials and adjudicated cases, negotiated settlements, addressed and decided discovery disputes.   She has also overseen the settlements in thousands of matters.  During her tenure on the bench, she handled more mass tort bankruptcies than any other sitting judge. Judge Fitzgerald began her legal career as a judicial law clerk (1973-1976) and then moved into litigating criminal and civil federal cases as an Assistant U.S. Attorney (1976-1987).

 

She has been retained as an expert witness in a variety of insurance, commercial and financial disputes and regularly consults regarding bankruptcy substantive and procedural quandaries.  She has served as a court-appointed receiver, and has personal experience working through complex financial and political problems based on the divergent interests of multiple parties and state and federal agencies. She has served as a judge for moot summary judgment arguments including financial and ISDA matters and has successfully mediated complex issues.

 

Judge Fitzgerald recently re-joined the faculty of the University of Pittsburgh School of Law and holds the title of Professor of Practice. While on the bench she was an adjunct professor and taught Bankruptcy (basic and advanced) for over ten years.  Through June 2015, she was a tenured Professor of Law at the Indiana Tech Law School.   She has taught Contracts, Commercial Transactions and a variety of Bankruptcy courses, and is preparing to teach Remedies and other subjects.  Judge Fitzgerald graduated from Pitt’s School of Law in 1973 with a J.D.  Her undergraduate degrees were also conferred by the University of Pittsburgh: a B.S. in Psychology and a B.A. in English Writing with a minor in Political Science.  She did some graduate work in International Relations Theory.  She was an Assistant Editor of the American Bankruptcy Law Journal, a peer-reviewed journal published by the National Conference of Bankruptcy Judges.

 

Her many awards and recognitions include her election as President of the National Conference of Bankruptcy Judges, her selection as Chair of several automation enhancement projects for the Administrative Office of the U.S. Courts, her receipt of “The Lawrence P. King Award for Distinction in the Field of Bankruptcy” and the designation of the title of an American Inn of Court that she co-founded as the “Judith K. Fitzgerald Bankruptcy American Inn of Court.”

 

As a sitting U.S. Bankruptcy Judge for over 25 years, she presided over and confirmed hundreds of chapter 11 plans of reorganization. Those cases included more asbestos and mass tort chapter 11 plans, most that utilized § 524 and § 105 injunctions, than any other sitting judge. She presided over a broad range of bankruptcies that encompassed both large and small companies and hundreds of their affiliates. Among them were substantially sized companies with mass tort legacy liabilities including Federal Mogul, Owens Corning, W.R. Grace, United States Minerals, USG, Armstrong World Industries, Kaiser Aluminum, AC&S, Combustion Engineering, AB Lummus Global, MidValley, Dresser Industries, Pittsburgh Corning, Swan Transportation, North American Refractories, Global Industrial Technologies, Specialty Products Holding Co., Flintkote and others. She has examined and addressed legal, business, insurance and financial issues and business practices confronting companies facing legacy asbestos claims. She also analyzed facts, laws and issues pertinent to reorganizing and liquidating debtors, including financing issues, contract issues, indemnity issues, insurance claims, tort claims, avoidance actions, settlement issues and fee allowances and disallowances. She presided over and adjudicated countless cases involving claims allowance and avoidance action issues.

 

Since entering private practice, She has served as mediator, expert witness and advisor regarding the post-confirmation impact of certain plan or trust provisions on various matters as diverse as contract or indemnity damages, settlement negotiation practices, malpractice claims, allocation of fees, restructuring, trust resolution mechanisms, personal injury claims, environmental matters and insurance/reinsurance disputes. She has testified as an expert in the United States District Court for the Western District of Pennsylvania, in the Court of Federal Claims, in the Common Pleas of Allegheny County, Pennsylvania, and in an arbitration conducted in Dallas, Texas, as well as in depositions in cases pending in New York; Washington, D.C; Arizona; Texas; Washington (state); and Pennsylvania. In one case, her expert report was accepted, without testimony, by the United States Bankruptcy Court for the Southern District of New York.

REPRESENTATIVE MATTERS:

  • In re Combustion Eng’g, 295 B.R. 459 (Bankr.D.Del.2003) (establishing principle of “insurance neutrality” for purposes of defining impairment), rev’d on other grounds, In re Combustion Eng’g, Inc., 391 F.3d 190, 209 (3d Cir. 2004), as amended (Feb. 23, 2005)
  • In re Flintkote Co., 486 B.R. 99 (Bankr. D. Del. 2012) aff’d sub nom. In re Flintkote Co., 526 B.R. 515 (D. Del. 2014) (plan confirmation – approving post-petition line of business as sufficient to meet on-going business requirement; standing to object)
  • In re W.R. Grace, 446 B.R. 96, 130 n. 58 (Bankr.D.Del.2011)(discussion of “future demand holder” for purposes of channeling injunction in mass tort asbestos case)
  • In re WorldClass Processing, Inc., 346 B.R. 132 (Bankr. W.D. Pa. 2006)( res judicata barred subsequent action by party alleging different position than that advanced in first proceeding)
  • In re Just For Feet, Inc., 299 B.R. 343 (Bankr. D. Del. 2003)(in bankruptcy of chain of superstores and smaller retail stores specializing in name brand athletic footwear and related apparel, late service of process led to dismissal of preference adversary complaints)
  • In re Fulcrum Direct, Inc., No. 98-1767, 2003 WL 1878070, at *1 (Bankr. D. Del. Apr. 14, 2003)(examining preference defenses asserted in response to action by leading catalogue retailer of apparel, shoes, etc.)
  • In re Peregrine Sys., Inc., 319 B.R. 800 (Bankr. D. Del. 2005)(Age Discrimination in Employment Act (“ADEA”) claim against developer and manufacturer of software products for businesses)
  • In re Owens Corning, 291 B.R. 329 (Bankr. D. Del. 2003)(reformation of contract regarding price between manufacturer of plastic sheets and buyer)
  • In re Kaiser Aluminum Corp., Inc., No. 02-10429(JFK), 2004 WL 97658, at *3 (Bankr. D. Del. Jan. 16, 2004)(construing insurance policy and settlement agreement re distribution of proceeds after chemical plant explosion)
  • In re Fed.-Mogul Global Inc., 385 B.R. 560 (Bankr. D. Del. 2008) aff’d sub nom. In re Fed.-Mogul Global, 402 B.R. 625 (D. Del. 2009) aff’d sub nom. In re Fed.-Mogul Global Inc., 684 F.3d 355 (3d Cir. 2012)(federal preemption governs over anti-assignment or to consent to assignment provision in insurance policy and permits assignment of policies to asbestos trust)
  • In re W.R. GRACE & CO, 446 B.R. 96 (Bankr. D. Del. 2009)(plan’s failure to provide interest at default rate on bank lenders’ claims did not render these lenders “impaired”)
  • In re Chestnut Ridge Plaza Associates, L.P., 156 B.R. 477, 483–85 (Bankr.W.D.Pa.1993)(restrictive covenants enforceable under applicable non-bankruptcy law survive a § 365(h) rejection and § 365(h)(2) limits damages available against a non-performing debtor)
  • Representing Debtor-in-Possession in chapter 11 reorganization with over 11,500 potential creditors and notice parties
  • Representing not-for-profit Debtors-in-Possession in chapter 11 reorganizations
  • Representing secured creditor in federal receivership and foreclosure of four hotel properties
  • Representing administrative claimant in settlement negotiations with debtor
  • Representing party in interest in dispute regarding professional responsibility and compliance with disclosure rules in bankruptcy proceedings
  • Representing pension fund regarding labor dispute in bankruptcy proceeding
  • Representing creditor in multi-million dollar breach of contract dispute
  • Representing secured lender in chapter 13 mortgage modification dispute
  • Representing pension fund in claims litigation
  • Representing insurer in liability dispute

CONSULTANT:

  • Consulting regarding reasonableness of RMBS settlements in multi-billion dollar dispute
  • Consulting regarding legal malpractice claims in multiple cases
  • Consulting regarding reasonableness of Indenture Trustee fees
  • Consulting in a quarter-billion-dollar insurance/re-insurance litigation
  • Consulting regarding various contract interpretation disputes
  • Consulting regarding lien perfection and priority dispute
  • Consulting regarding insurer’s rights in plan confirmation disputes
  • Consulting regarding various bankruptcy confirmation, post-confirmation and claims matters; § 524(g) trusts; PBGC and collective bargaining issues; disclosure and confirmation requirements; professional responsibility; domestic support obligations and other disputes
  • Consulting regarding reasonableness of legal fees in multiple cases including insurance policies, FINRA Arbitration, bankruptcy representation, mass tort trust claims
  • Consulting regarding strategic and tactical federal litigation and arbitration decisions

COURT-APPOINTED RECEIVER:

  • Liquidating receiver for a not-for-profit cultural organization
  • Mediator and Arbitrator in numerous bankruptcy, civil and criminal cases and post-confirmation trust matters
  • Hold a Certificate of Completion of Bankruptcy Mediation Training (40 hours) from St. John’s University and the American Bankruptcy Institute
  • Completed and continue to engage in mediation training with other organizations on an on-going basis

OTHER PROFESSIONAL QUALIFICATIONS:

  • Panel Mediator, U.S. Bankruptcy Court, District of Delaware
  • Alternative Dispute Resolution, Neutral Evaluation, Mediation Panel Member, U. S. District Court, Western District of PA
  • Panel Mediator, U.S. Bankruptcy Court, Western District of PA
  • Member of FedArb (Federal Arbitration, Inc.), an association of former federal judges who now serve as arbitrators and mediators in complex commercial cases
  • Mediation Council of Western Pennsylvania
  • PA Council of Mediators
  • Council Member of GLG (Gerson Lehrman Group) (expert consulting service)

PROFESSIONAL EXPERIENCE:

  • May 18, 2015 – Present Professor in the Practice of Law University of Pittsburgh School of Law
    • Teaching Bankruptcy and Advanced Bankruptcy; other courses to be determined
  • July 8, 2013 – July 5, 2015 – Tenured, Full Professor of Law Indiana Tech Law School
    • Teaching Contracts, Commercial Transactions and Bankruptcy
    • Faculty responsibilities included Faculty Secretary; Promotion and Tenure Committee; Dean’s Search Committee; Long Range Planning Committee; Admissions Committee (chair); Library Advisory Committee (chair); Faculty Senate (law school representative); Graduate Council (law school representative); Mentoring Committee; Experiential Learning Task Force (chair of cross-curricular hypothetical development for Fall 2014-15 1L class and Spring 2L class); various other task forces established by the Dean to address particular needs; student mentor; junior faculty mentor; advisor to assigned students at risk; CLE presentations to bench and bar
  • October 30, 1987 – May 31, 2013 – Judge, United States Bankruptcy Court Western District of Pennsylvania (Chief Judge Jan. 8, 2000 through Dec. 31, 2004)
  • October 1, 1991 – June 30, 1996 and January 1, 1998 – May 31, 2013 – Judge, sitting by special designation in the United States Bankruptcy Court District of Delaware
  • May 13, 1993 – June 30, 2001 – Judge, sitting by special designation in the United States Bankruptcy Court Eastern District of Pennsylvania
  • July 1, 2004 – December 31, 2008 (and completing assigned cases until retirement on May 31, 2013) – Judge, sitting by special designation in the District Court of the Virgin Islands Bankruptcy Division, District of St. Thomas and St. John
  • 2004 – 2014 – Adjunct Professor of Law Bankruptcy since 2004 and Advanced Bankruptcy since 2008 Secured Transactions (Fall Term, 1997) University of Pittsburgh School of Law
  • January 1976 – October 1987 – United States Department of Justice, Office of the United States Attorney Assistant United States Attorney
    • Supervisor of the Erie branch office
    • Responsible for all civil and criminal litigation in the seven counties of northwestern Pennsylvania
    • Grand jury investigations and prosecution of complex criminal matters, including tax fraud, RICO, narcotics, and major white collar crimes
    • Prosecution and defense of civil matters, including torts, medical malpractice, admiralty, immigration and environmental claims, bankruptcies, injunctions, Social Security appeals
    • Appellate brief writing and oral argument of cases before the U.S. Court of Appeals for the Third Circuit
    • Lecturer for and participant in various seminars conducted by the U.S. Department of Justice and various universities
  • March 1974 – December 1975 – Law Clerk to Judge Gwilym A. Price, Jr. Superior Court of
  • July 1973 – February 1974 – Law Clerk to President Judge John N. Sawyer Beaver County Court of Common Pleas

COURT ADMISSIONS:

  • Pennsylvania Supreme Court, October 4, 1973
  • United States District Court, Western District of Pennsylvania, October 4, 1973
  • United States Court of Appeals for the Third Circuit, February 11, 1976
  • United States Tax Court, December 14, 1983
  • United States Supreme Court, July 1, 1985
  • United States District Court, Eastern District of Pennsylvania, March 14, 2018
  • United States District Court, Middle District of Pennsylvania, September 13, 2019
  • Pro hac vice admissions in Northern and Southern Districts of West Virginia, Eastern District of Virginia, Southern District of New York, Northern District of Illinois, Western District of Washington

EDUCATION:

  • University of Pittsburgh School of Law – 1973 – Juris Doctor (University Scholarship and Pitman Fellowship recipient)
  • University of Pittsburgh – 1970, 1971 – Political Science Graduate Courses on Fellowship
  • University of Pittsburgh – 1970 – B.S. Psychology, B.A. English Writing

PROFESSIONAL RECOGNITIONS AND AWARDS:

  • Recipient of the 2020 Bankruptcy Inn Alliance Distinguished Service Award (American Inns of Court)
  • Recognition in 2020 Lawdragon 500 Leading U.S. Bankruptcy and Restructuring Lawyers
  • Recognition in The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Recognition in The Best Lawyers in Pennsylvania
  • Advisory Member to UPSOLVE, 2017 – present
  • Law 360 Honorable Mention as one of the Top Ten Bankruptcy Judges in History
  • Western Pennsylvania Trial Lawyers Recognition for Dedicated Judicial Service, 2014
  • The Judith K. Fitzgerald Bankruptcy American Inn of Court named in my honor, 2013
  • Debtors’ Bar Association of Western Pennsylvania Recognition for Dedicated Judicial Service, 2013
  • Recipient of the Lawrence P. King Award for Excellence in the Field of Bankruptcy, 2011 (Commercial Law League of America)
  • NCBJ Eagle Award, 2011 (National Conference of Bankruptcy Judges)
  • Elected to Membership in the American Law Institute, 2008
  • Association of Insolvency & Restructuring Advisors, 2007
  • Conrad B. Duberstein “Mensch” Award, Presented by NCBJ, 2006
  • Elected as a Fellow of the American College of Bankruptcy, 2004
  • Turnarounds & Workouts – Top Ten Bankruptcy Judges (3 years)
  • Who’s Who of American Women, 1991 – present
  • Oxford’s Who’s Who, 1992 – present
  • Barron’s Who’s Who of Distinguished Professionals, 2015 – present
  • United States Department of Justice Special Achievement Awards
  • Federal Criminal Investigators Special Service Award, 1988
  • United States Department of Commerce Operation Exodus Outstanding Performance Award, 1986
  • Pittsburgh Magazine Special Recognition Award, 1980

PROFESSIONAL ACTIVITIES (GOVERNMENT RELATED):

  • 1992 – 1998 – Advisory Committee of Bankruptcy Judges Administrative Office of the United States Courts, Chair, 1994 – 1996
  • 1993 – 1997 – Chambers and Courtroom Umbrella Group Administrative Office of the United States Courts (Dealt with automation and technology matters in the federal courts)
  • 1994 – 1998 – Chambers Case Management User Group, Chair, 1995 – 1998 (Monitored automation and technology projects under the auspices of the Chambers and Courtroom Umbrella Group)
  • 1994 – 2002 – Executive Sponsor, BK CHASER Automation Project Bankruptcy CHASER Ad Hoc Working Group (A project that enhanced the utility of information in the court’s databases for purposes of judicial case management and ended upon implementation.)
  • 1994 – 1998 – Education Committee United States Court of Appeals for the Third Circuit
  • 1995 – 1996 – Bankruptcy Case Management & Statistics Umbrella Group Administrative Office of the United States Courts (Dealt with automation and technology matters in the bankruptcy courts, particularly regarding the clerk’s offices)
  • 1997 – Bankruptcy Statistics and Data Collection Project Administrative Office of the United States Courts (Evaluated bankruptcy data needs of various constituencies as part of a technology modernization project)
  • 1998 – 2002 – Program Planner, Bankruptcy and Commercial Law Presentations Third Circuit Judicial Conferences
  • 2001 – 2005 – Nonvoting Bankruptcy Judge Representative Third Circuit Judicial Council
  • 2002 – 2005 – Member, Judicial Council Bankruptcy and Magistrate Judges Committee of the United States Court of Appeals for the Third Circuit
  • 2006 – Present – Founding Member and Program Planner, Third Circuit Bankruptcy Education Committee
  • Various Program Planner, PA Bar Institute; Commercial Law League of America, ABI, Inns of Court

PROFESSIONAL ACTIVITIES (NON-GOVERNMENT RELATED):

  • 1973 – present – Allegheny County Bar Association Member of Audit and Technology Utilization Committees
    • Member, Federal Court, Bankruptcy and Commercial Litigation, and Women and the Law Sections Formerly Chair, Audit Committee Member, Finance Committee, Continuing Legal Education, Speakers’ Bureau and Public Relations Committees; Trustee, Criminal
    • Trial Lawyers of Allegheny County; Editor of Newsletter of Criminal Trial Lawyers Association Nominating Committee
  • 1987 – present – National Conference of Bankruptcy Judges
  • 2010 – 2012 – Associate Editor, American Bankruptcy Law Journal
  • 2008 – 2015 – Founder and Inaugural Chair, NCBJ Next Generation Program
  • 2002 – 2003 – Immediate Past President – 2001 – 2002, President
  • 2000 – 2001, Vice President/President Elect; Chair of Elections and Site Selection, 1995 – 1998, Treasurer
  • 1999 – 2000, Chair, Endowment for Education
  • 1987 – present – various committees and task forces
  • 1988 – present – American Bankruptcy Institute, 2002 – 2007 – Director
    • Various – Co-chair, Committee on Mass Torts; Member, Nominations Committee
    • Originator of Law Student Writing Competition for Bankruptcy Litigation Committee, now a competition of the ABI itself
    • Originator of Mid-Atlantic Regional Program and First Judicial Chair
    • Judicial Liaison
    • Planner, Caribbean Conference
    • Member, Education and Membership Committees
    • Member, Bankruptcy Litigation Committee and Chair of Project Subcommittee Liaison with Commercial Law League of America
    • Member, Mediation Committee (former chair of Newsletter and current Education Committee member)
  • 1988 – 1993 – Federal Investigators Association various
    • American Bar Association
    • Member, National Conference of Federal Trial Judges, Public Education Committee, Business Litigation Section
  • 1991 – present – Commercial Law League of America
    • 2002 – present – Member of Bankruptcy Section Executive Council
    • 2004 – 2006 – Member of National Ethics Committee
  • 1992 – 2014 – National Conference of Bankruptcy Clerks
  • 1992 – present – Women’s Bar Association of Western PA Founding Member
  • 1992 – 2014 – American Inns of Court, Honorable Amy Reynolds Hay Chapter Founding Member and Master (Since 1995, Honorary Master)
  • 1995 – present – International Women’s Insolvency and Restructuring Confederation (IWIRC) Charter Member, Pittsburgh Chapter
  • 2000 – present – Federal Bar Association Awarded Lifetime Honorary Membership, 2001
  • 2001 – 2006 – Association of Trial Lawyers of America Judicial Fellow – Position discontinued by the Association
  • 2001 – 2010, 2013 – present – Turnaround Management Association, Pittsburgh Chapter
  • 2002 – 2006 – International Bar Association
  • 2004 – present – American College of Bankruptcy
    • Chair, Liaisons Committee
    • Program Developer for Law School Liaison Subcommittee
    • Program Developer for Third Circuit Education Program (October 12, 2012)
    • Member, Judicial Outreach Committee
    • Member, Third Circuit Education Committee
  • 2008 – present – American Law Institute Elected Member Currently Consultative Group Member for Consumer Contracts
  • 2010 – present – The Judith K. Fitzgerald Western Pennsylvania Bankruptcy American Inn of Court
    • Founding Member and Counselor
    • Chair at various times of Program, Membership and Business Planning Committees
  • 2013 – present – The Pennsylvania Bar Association
  • 2013 – 2015 – The Allen County [Indiana] Bar Association
  • 2013 – 2015 – The Benjamin Harrison American Inn of Court
  • 2015 – present – FedArb (Federal Arbitration, Inc.) An organization of former federal judges who serve as arbitrators and mediators in complex civil cases
  • 2015 – present – Mediation Council of Western Pennsylvania
  • 2016 – present – Bar Association of the Third Federal Circuit
  • 2018 – present – PA Council of Mediators

MISCELLANEOUS:

  • Various Interviews in TV, radio and print news media regarding bankruptcy, commercial and insolvency matters
  • Various podcasts and debates on bankruptcy topics including commentary on U.S. Supreme Court cases and matters of current interest to insolvency practitioners
  • Participant in various symposia on insolvency matters, including The DePaul Institute Symposium; the View from the Bench in Washington, D.C.; colloquium on international issues regarding chapter 11 reorganization in Washington, D.C. at the French Embassy; judicial roundtable on international insolvency issues in Dublin, Ireland and cross-border mass tort judicial perspectives in London, United Kingdom
  • Judge, Moot Court Trial and Appellate Competitions for University of Pittsburgh School of Law
  • Judge, Tax Moot Court Competition at Duquesne University School of Law
  • Former Lecturer substituting for the Adjunct Professor, Trial Tactics Duquesne University Law School
  • Guest Lecturer in Bankruptcy, University of Miami School of Law
  • Instructor and Lecturer for professional groups including:
    • The Federal Judicial Center; U.S. Attorney General’s Advocacy Institute; University of Pittsburgh School of Law Intensive Trial Advocacy Course; Third Circuit Court of Appeals Judicial Conference; National Conference of Bankruptcy Judges; The American Inns of Court; The Commercial Law League of America; IWIRC; Law Education Institute; American Bankruptcy Institute; The Pennsylvania Bar Association; Allegheny County Bar Association; Pennsylvania Bar Institute; Professional Education Systems, Inc.; Pennsylvania Institute of Certified Public Accountants; The Association of Insolvency & Restructuring Advisors; The Bar Association of the U.S. Virgin Islands; The Internal Revenue Service; The Bankruptcy Bar Association of the Southern District of Florida; The State Bar Association of Nevada (Family Law Practitioners); The Kentucky Bar Association; National Association of Chapter 13 Trustees; Georgetown University Law Center; The Advanced E-Discovery Institute and Views from the Bench; LexisNexis Mealey Conference Groups; DePaul University Business and Commercial Law Symposium; Southern Illinois University School of Law; The Association of Insolvency & Restructuring Advisors; Turnaround Management Association; Commercial Finance Association; Perrin Conferences; Emory Bankruptcy Developments Journal Symposium; The National Association of Attorneys General; The Indiana Tech Law School Lunch and Learn; The Judith K. Fitzgerald Bankruptcy American Inn of Court; American College of Bankruptcy; Equipment Leasing and Finance Agency; The American Bar Association; Allen County Bar Association; Energy and Mineral Law Foundation; Pennsylvania Council of Mediators.

SELECTED PUBLICATIONS:

  • “Fostering Diversity in ADR: Lessons from the Mansfield Rule,” XXXVIX ABI Journal 1, 36-37, 68-69, January 2020.
  • American Bankruptcy Institute Mediation Committee Newsletter: “An Approach to Problem-Solving In Mediation: Mindfulness” (May, 2019)
  • American Bankruptcy Institute Mediation Committee Newsletter: “Perspectives On Mediation: Which Do You Endorse?” (July, 2018)
  • Oh Dear! What Can The Matter Be? What Will Become Of My Oil And Gas Lease In Bankruptcy?, 37 Energy & Min.L.Instit.237 (2017) (co-author with James W. Kane)
  • The Powers of The U.S. Congress: Where Its Constitutional Authority Begins and Ends, in progress with Brien Hallett as primary author, to be published by ABC-CLIO (co-author of Chapter 5, “The Power to Regulate Bankruptcies” with Professor Nancy Marcus)
  • Commercial Law League Blogpost: “The Last Screen: A Cautionary Tale” (Nov. 2015)
  • Commercial Law League Blogpost: “Growing Medical Marijuana, Problematic In Bankruptcy, and Out” (Aug. 2015)
  • The National Edition, Rutter Group, Practice Guide, Bankruptcy (2010 – present) (co-editor with U.S. Bankruptcy Judge Mary Walrath and Retired U.S. Bankruptcy Judge and Law Professor Arthur Gonzalez)
  • Planning for the Time of Trouble: Cabrera v. Collazo, A Case in Point (Commercial Law World Magazine, Summer 2014)
  • Bankruptcy and Divorce: Support and Property Division, Second Edition, Aspen Law Business (1994) (co-author) (with annual supplements through 2003)
  • “When Worlds Collide: Bankruptcy and Its Impact on Domestic Relations and Family Law, Second Edition, American Bankruptcy Institute (2003) (co-author)
  • Bankruptcy Issues for State Trial Court Judges: A Publication of the American Bankruptcy Institute supported by a grant from the National Conference of Bankruptcy Judges Endowment Fund for Education (c.1995) (co-author)
  • “Wrestling With Bankruptcy and Divorce Laws in Property Division and Support Issues,” 6 JOURNAL OF THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS 1 (1990) (co-author)
  • “Wrestling With Bankruptcy and Divorce Laws in Property Division and Support Issues,” 6 AMERICAN JOURNAL OF FAMILY LAW, No. 2, 109 (1992) (co-author)
  • Closing Bankruptcy Cases (a manual for the Federal Judicial Center) (1991) (author)
  • “Litigating Property Settlement and Support Issues — A Perspective From the Bankruptcy Bench” Published as a chapter in BANKRUPTCY ISSUES IN MATRIMONIAL CASES: A PRACTICAL GUIDE, Prentice Hall Law & Business (1992) (co-author)
  • “The Appraiser In Bankruptcy Court: Getting Appointed, Getting Paid and Testifying as Experts,”Vol. 5 AMEA APPRAISER, No. 2 (Summer 1992) (author)
  • “The Judge’s Role in Insolvency Proceedings: The View From the Bench; The View From the Bar,” Symposium in conjunction with St. John’s University School of Law, published at Vol. 10, No.2 Am. Bankr. Inst. L. Rev.511 (Winter 2002)
  • “Forum Shopping, First Day Order and Case Management Issues in Bankruptcy,” (Symposium at DePaul University Law School), published at Vol. 1, No. 4 DePaul Business and Commercial Law Journal 515 (Summer 2003)
  • “We All Live in a Yellow Submarine: BAPCPA’s Impact on Family Law Matters,” (Symposium at Southern Illinois School of Law) (author), published at 31 Southern Illinois University Law Journal 563 (Spring 2007)
  • “Chapter 11 Reorganization Processes in Mass Tort Cases: Success or Failure?” (Mealey’s) (author)
  • “Caswell and Leser, Polar Approaches to Support Arrearages in Chapter 13,” 10 Norton Bankruptcy Law Adviser, Clark Boardman Callaghan (Oct. 1992) (co-author)
  • Chapter 5, “Abstention,” Chapter 11 Theory and Practice – A Guide to Reorganization, Queenan, Hendel and Hillinger, eds. (1994)
  • “Evaluating Involuntary Bankruptcies,” Commercial Law League of America (1996)
  • “Snippets,” a column in The Conference News, a quarterly publication of and for the National Conference of Bankruptcy Judges (1998 – 2013) (author)
  • A Local Rules Guide for Pennsylvania Western District Bankruptcy Court, Pennsylvania Education Systems, Inc., 1989 (collection of forms) (author)
  • Pennsylvania Law of Juvenile Delinquency & Deprivation, Bisel, 1976 (editor and senior researcher, annual supplement preparer)
  • U.S. Attorney’s Office Forms Manual, 1979-1985 (contributor)
  • Ideas and Figures, University of Pittsburgh Literary Magazine, 1968 (contributor)

 

 

 

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