Emory Bankruptcy Developments Journal

Volume 35Issue 2
The Sixteenth Annual Emory Bankruptcy Developments Journal Symposium


James R. Risener III | 35 Emory Bankr. Dev. J. 307 (2019)

Each year the Emory Bankruptcy Developments Journal hosts a Symposium on important and prescient issues in bankruptcy law. This year, on February 21, 2019, the Journal hosted its Sixteenth Annual Symposium. The Symposium featured two panels, one consumer-focused and the other corporate-focused, and included the Emory Bankruptcy Developments Journal’s first ever keynote speaker, the Honorable Mary Grace Diehl.

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Consumer Bankruptcy Panel--Tuition Clawback: Whose Money Is It, and What Is It Worth?

Elizabeth Austin, Mark Duedall, Neil Gordon, Michael Imber, Lynne Xerras | 35 Emory Bankr. Dev. J. 309 (2019)

The Consumer Panel considered the newest arguments, decisions, and theories on tuition clawback. Discussion ranged from the definition of reasonably equivalent value to the use of 529 plans as a shield against clawback attempts. Though the questions raised in the context of tuition clawback have generally evaded answer, the Consumer Panel elucidated many of the murky decisions and definitions surrounding the topic.

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Keynote Address

The Honorable Mary Grace Diehl | 35 Emory Bankr. Dev. J. 339 (2019)

In the Emory Bankruptcy Development Journal’s first ever keynote address, the Honorable Mary Grace Diehl discussed the evolution of the Bankruptcy Code forty years after its passage. Judge Diehl shared her experiences as a new associate interacting with a freshly minted Bankruptcy Code and described how the Code has changed in unique and unexpected ways.

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Corporate Bankruptcy Panel--Chapter 15 Choice of Law: How Far Do I Need to Go to Get My Money Back?

Ameneh Bordi, Scott Cousins, Andrea Hartley, Natalie Levine, James R. Risener III | 35 Emory Bankr. Dev. J. 345 (2019)

The Corporate Panel explored the issues surrounding choice of law in chapter 15 avoidance actions. Chapter 15 choice of law theory is generally split into two camps: the Law of the Forum and the Center of Gravity. From describing the roles of the litigants in these suits to strategies for avoiding avoidance actions altogether, the Corporate Panel explained in practical terms the application of these theories and their real world consequences.

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