In Re Kaiser - Elizabeth Warren Verified Statement

8/20/2019 In Re Kaiser - Elizabeth Warren Verified Statement

1/21

IN

THE

UNITED STATES BANKRUPTCY

OURT

FOR

THE DISTRICT

OF

DELAWARE

------------------------------------------X

In re:

hapter

11

Kaiser Aluminum Corp.,

et l

Debtors.

· x

Case No:

02-10429

JKF)

(Jointly Administered)

VERIFIED STATEMENT

OF PROFESSOR

ELIZABETH WARREN IN

ACCORDANCE

WITH

SECTION 1103

OF THE

BANKRUPTCY CODE

AND RULE 2014

OF THE

FEDERAL RULES

OF

BANKRUPTCY PROCEDURE

Pursuant to rule 2014(a) of the Federal Rules ofBankruptcy Procedure (the Bankruptcy

Rules ), Elizabeth Warren, being duly sworn, deposes and says:

I am a member of the bar of the States ofTexas and New Jersey and I am the Leo

Gottlieb Professor

of

Law at the Harvard Law School. I maintain my office at Hauser 200,

Harvard Law School, Cambridge, MA 02138.

2. make this Statement pursuant to Bankruptcy Rule 2014 in support of the

Supplemental Application Pursuant to Federal Rule

of

Bankruptcy Procedure 2014(a) and

sections 327(a) And 103 of the Bankruptcy Code for the entry of an order, nunc pro tunc as

of

February 25, 2002, authorizing the retention

ofthe

law firm

of

Caplin Drysdale, Chartered

( Caplin Drysdale ), as national counsel to the Official Committee ofAsbestos Claimants

( Committee ) and Professor Elizabeth Warren as special bankruptcy consultant to Caplin


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Drysdale ( Application ). The facts set forth in this Statement are personally known to me and,

if

called

as

a witness, would testify thereto.

3.

As set forth in my attached curriculum vitae I have held academic teaching

appointments since 1978 and have published numerous articles and books in the field

of

Bankruptcy Law y experience in the bankruptcy field reaches across a broad range

of

topics

and issues, as follows:

4. I began work on mass tort bankruptcies in the early 1980s when I started teaching

mass tort bankruptcies in my bankruptcy classes and advanced seminars at the University

of

Texas. In 1984, wrote the initial drafts of a chapter on mass tort bankruptcies for my casebook

with Professor Westbrook, The aw ofDebtors and Creditors (Little Brown 1985). taught that

chapter and continued to research and update the materials contained in it for the next sixteen

years. The latest edition of the casebook, The aw

of

Debtors and Creditors (4

h edition Aspen

2001 , includes sections dealing with mass tort bankruptcies, future claims, conflicts among

claimant classes, and a several other issues that arise with special force in asbestos bankruptcies.

In the late 1980s and early 1990s, I helped design and implement judicial

education programs dealing with mass tort bankruptcies. I served for nine years on the Federal

Judicial Center's Bankruptcy Education Committee. Many of the Federal Judicial Center

programs in those years included a section on issues relevant to mass tort bankruptcies. There

was also at least one invitation-only program specifically developed

to

deal exclusively with

mass tort bankruptcies. served on the planning committee for each of these programs.

attended many of the programs and spoke at several ofthem on a wide range oftopics, including

mass tort bankruptcies.

2


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6. In the early 1990s, I worked

as

a member ofthe National Bankruptcy Conference

on its Code Review Project on the bankruptcy system. My specific assignment was to develop a

recommendation to Congress on how to deal with mass tort bankruptcies. I wrote several drafts

ofthat report, with the thoughtful advice and suggestions ofthe Mass Tort committee of the

NBC. I presented the report to the Conference, leading a discussion and modifying the

recommendations based on that discussion. Twice I returned to the Conference at its annual

meetings with modified versions. The Conference finally adopted the third report. That report

was published in the Conference s recommendations to Congress in The National Bankruptcy

Conference, REFORMING

THE

BANKRUPTCY

CODE

Future laims 281 (Final Report May 1

994). The mass tort recommendations were revisited by the Conference after section 524(g)

was added to the Bankruptcy Code in 1994. continued to lead discussions in the Conference

about the future claims issues. The National Bankruptcy Conference s second comprehensive

recommendation to Congress, REFORMING THE BANKRUPTCY

CODE Future laims

33 (Final

Report May 1 1997), included the future claims recommendations developed by my committee

and endorsed by the Conference.

In 1993 and 1994 when Congress was considering amending the Bankruptcy

Code to deal with mass tort bankruptcies, I provided assistance to various Congressional staff

people. tried to help them understand the issues involved and to evaluate the various statutory

proposals as they arose.

8.

In 1994, Congress established the National Bankruptcy Review Commission. t

the time the Commission was formed, mass tort bankruptcies were chief among the items on its

agenda. Congress had recently passed 11 U.S.C.

§

524(g) dealing with mass tort problems

exclusively in the asbestos industry, but several people in Congress hoped that the Commission

3


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would develop a more comprehensive approach to replace that section. In 1995, Congressman

Mike Synar was appointed to lead the Commission. When Congressman Synar asked me to be

the Adviser to the Commission, he specifically asked

if

I would develop proposals and write a

report for the Commission on mass tort bankruptcies. I agreed. When the Commission formed

working groups, I assisted the mass tort group, supervised the research on the subject, developed

an agenda to consider mass tort issues, prepared a number

of

position papers, invited witnesses

and participants to Commission meetings, and helped craft a proposal that was ultimately

adopted unanimously by the Commissioners. That report is now published as part of the

Commission s final report. REPORT OF THE NATIONAL BANKRUPTCY REVIEW

COMMISSION, Treatment o Mass Future Claims n ankruptcy 2 1 (October 20, 1997).

9 In the past few years, I have continued my academic research on mass tort

bankruptcies. I gave an address, for example, in 1999 at the Manhattan Institute on the

connection between bankruptcy and mass tort reform. The Institute asked for permission to

publish those remarks. In 1993, I organized and moderated a conference that brought together

academics, judges, and practitioners at the University

of

Pennsylvania on the subject

of

mass

torts and bankruptcy In 1995, I spoke at the Federal Reserve Bank in Philadelphia about mass

tort bankruptcies. From 1995 through 2000, I have taught the subject ofmass tort bankruptcies

at Harvard s Practicing Law Institute as part of the course on Business Bankruptcy. I have

taught the issues related to mass tort bankruptcies in my advanced Chapter 1 seminars at the

University

ofTexas

the University ofPennsylvania and the University ofTexas. At Harvard

Law School I have supervised senior honors theses and master s theses on mass torts in

bankruptcy. Each time I have spoken or supervised a student, have reviewed the published

cases and scholarly literature on mass tort bankruptcies.

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10. Moreover, every year since 1983, I have given a lecture at the University

of

Texas

n the annual bankruptcy program. My topic, shared with Professor Jay Westbrook, has always

been, Recent Developments. To prepare for this, I read the even-numbered volumes

of

the

bankruptcy reporter that have been published during the year while Professor Westbrook reads

the odd-number volumes. We both write squibs on interesting cases, and then write on four or

five topics each in greater detail. Those longer pieces become the basis for an oral presentation

as well. In several

of

those years, I have spoken on one or another topics related to mass tort

bankruptcies. Both the squibs and the extended discussions are published each year

by

the CLE

program sponsors.

In addition to these academic and legislative activities, have consulted with a

number of

companies on mass tort issues. I served in an advisory capacity to Dow Chemical, the

parent company of ow Coming, in the early days

of

the Dow Coming bankruptcy I have

assisted the Johns Manville 'rust and the National Gypsum Trust in appellate litigation. I have

been an expert witness on behalfof the National Gypsum Trust and the Fuller Austin trust.

These trusts were formed as part

ofthe

confirmation

of

a plan

of

reorganization in mass tort

asbestos bankruptcies. I have assisted in the preparation for petitions for certiorari to the United

States Supreme Court in two cases involving future claims, one in an environmental context and

one in an employee liability context. I have argued a case on behalf of Fairchild Aviation, an

airplane manufacturer facing future claims liability. I have filed an amicus brief in future claims

litigation involving Piper Aircraft.

12. In addition, I am working with Caplin Drysdale as a consultant in Chapter 11

proceedings involving the Babcock Wilcox Company, Pittsburgh Coming Corporation, Owens

Coming Corporation, Armstrong World Industries, Inc., W.R. Grace Company, G 1 Holdings,

5


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Inc., United States Gypsum Corporation, Federal-Mogul Global, Inc. and North American

Refractories Company.

13 Based on all of the above. I

am

unaware ofhaving any connection with Kaiser

Aluminum Corporation. et al. their creditors, the United States Trustee, or any other party, or

their respective attorneys or accountants.

14.

Further, as stated in the Application, will not be a member, associate or of

counsel to the firm

of

Caplin Drysdale. Harvard Law School expressly prohibits faculty

members from forming such relationships. The law school policy is unambiguous: Faculty

members should not be partners in law firms or be held out as of counsel ... Harvard Law

School, Faculty Manual2001-2002 (August 1 2001). I believe this policy is fairly standard

in

law schools throughout the country, although it is not strictly enforced at all schools.

It

is,

however, strictly enforced at Harvard Law School.

15 do not share any compensation with Harvard Law School or Harvard University

that I receive when I consult. Neither Harvard Law School nor Harvard University have any

financial interest of any kind in my employment. Harvard University understands that faculty

members may participate in a broad range

of

outside activities, and it specifically acknowledges

the benefits that consulting and advising may produce. See Appendix A Harvard Law School

Guidelines for Reporting. The university also understands that faculty will be compensated for

such work.

t

asks for no part of the compensation received, but instead imposes a limit on the

amount of time that faculty members may spend in such consulting activities. See Appendix A.

16. In addition, Harvard University limits the time each faculty member spends on

outside activities to twenty percent of a faculty member s total professional effort. See Appendix

A. The University requires that each faculty member report annually the time spent on outside

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activities. Outside activities requiring reporting include litigation and litigation related c t i v i t i e ~

advising, consulting, counseling, lectures and conferences, and commissioned research While

-Iarvard University has extensive rules governing the reporting

of

outside activities, it asks for no

information

of

any kind about the identity

of

those with whom a faculty member consults

or

on

whose behalf such work is undertaken. Reporting forms have only the time spent and the type 1

activity; there is no space available to report the identities of any ofthe involved parties. I have

made no disclosures to Harvard University or Harvard Law School about my outside activities

other than the time spent, and I expect to make no such disclosures in the future.

17 I am an employee of arvard University; my compensation is fixed

by

Harvard

Jaw School. do not share

in

any way in the proceeds or receipts

of

Harvard University or

Harvard Law School. I do not represent Harvard University

or

Harvard Law School as counsel

With the exception

of

a few private donors whom I know personally and what I occasionally read

in the newspapers, do not know who donates to Harvard University

or

Harvard Law School. I

do

not know what companies are included within Harvard University's investment portfolio.

have no information to suggest that Kaiser Aluminum Corporation or any

of

ts affiliates is one

of

Harvard University's donors or

in

Harvard University's investment portfolio.

18 Subject to the Court's approval,

my

hourly rate in this case will

be

675. My

customary billing rate is 700. I have been working, writing, teaching, lecturing, and consulting

in the bankruptcy field for twenty-two years. My fee is commensurate with other professionals

of similar experience. do not share in partnership profits. I sharply limit the time I spend

on

paid consultation, spending the remainder

ofmy

time either on my university work or

on

uncompensated writing, research, lecturing and various pro bono activities.


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19. I will maintain strict billing records to account for time spend in

the

service

of

the

Committee

in

these proceedings. When I undertake any

work

at

the

request

of

Caplin

Drysdale, I will ask for the name of he committee on whose behalf will

be

working, and I will

keep records accordingly that will distinguish such time and work from

any other

case

or

matter

upon which

I

work, including but not limited to the other asbestos-related bankruptcies on which

I am working with Caplin Drysdale. To facilitate

the

administrative process and to minimize

the my administrative time, in light of my limited role, Caplin Drysdale will incorporate

my

time entries in its billing statement and will bill for my services as part of the Caplin

Drysdale's monthly and quarterly fee applications.

20. t is anticipated that I will provide very limited services in this Bankruptcy Case.

In general, my billable hours will not exceed ten hours

per

month and usually will be

significantly less. I will work with Caplin Drysdale as a consultant

in

this bankruptcy case

providing advice

and

guidance to the Committee through

the

Caplin Drysdale firm, as well as

to the other asbestos-related bankruptcy cases in which Caplin Drysdale is counsel to the

committees representing asbestos personal injury claimants. Generally, wilJ focus

my

efforts in

assisting Caplin Drysdale with respect to the Plan of Reorganization process. I may, however,

be

consulted by Caplin Drysdale on other technical issues that may arise in the course of he

case. will not

be

involved in the day-to-day administration of the case.

21 In accordance

with

section 504

of the

Bankruptcy

ode

and rule 2016(b)

of

the

Bankruptcy Rules, no division of compensation has been or will be

made

by Caplin Drysdale

and

me

.

22. have

not

entered into any agreements, express

or

implied, with

any

other party in

interest, including

the

Debtors, attorneys for

the

Debtors,

any

creditor, or

any

attorney for such

8


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party in interest for compensation to be paid from the assets

o

the estate rendered in connection

with this case in excess

o

the compensation allowed by law

WHEREFORE respectfully request that this Court enter the order filed concurrently

herewith authorizing the employment

nun pr tun

effective as

o

February 25 2002

o

Caplin

9


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Drysdale as national counsel

t

the Committee and Professor Elizabeth Warren as special

bankruptcy consultant to Caplin Drysdale

Elizabeth Warren

SWORN

t

and subscribed before me

1


11/21

August 2001

Academic ppointments

ELIZABETH WARREN

Leo

Gottlieb Professor of Law

Harvard Law School

Harvard Law School. 1995-present:

Lc.o

Gottlieb Professor ofLaw; 1992-93: Robert

Braucher Visiting Professor of Commercial Law.

The

University of Pennsylvania

Law

School. 1990-1995: William A Schnader Professor

of

Commercial Law; 1987-1990: Professor

of

Law.

The University of Texas School of

Law.

1986-87: Jay

H

Brown Centennial Fellow

in

Law;

1983-1987:

Professor ofLaw.

1985-86:

Conoco Faculty Fellow

in Law;

1981-82:

Visiting Associate Professor

of Law.

The University

of

Texas at Austin. 1983-87: Research Associate, Population Research

Center.

The University ofHouston Law Center.

1981 83:

Associate Professor of Law; 1978-80:

Assistant Professor

of

Law; 1980-81: Associate Dean

for

Academic Affairs.

The University

of

Michigan.

1985:

Visiting Professor

of

Law

Rutgers School

of

Law Newark). 1977-78: Lecturer in Law

Teaching Fields

Contracts, Secured

e n d i n g ~

Bankruptcy, Payment Systems, Commercial Paper,

Regulated Industries, Corporations, Partnerships, Banking Regulation.

Education

J.D.

Rutgers-Newark,

1976

B.S. University ofHouston,

1970


12/21

Pu

blicatioos

BANKRUPTCY AND REVISED ARTTCI.E

9 (Aspen

Law

Business 2001)

(With Sullivan and Westbrook) THe FRAGILE MIDDLE CLASS:

AMERICANS IN

DEBT

(Yale UniversityPress 2000).

(With Westbrook)

THE

LAW OF DEBTORS

AND

CREDITORS (Little, Brown Co. 1986).

SUP

PLEMENT

TO

THE

LAW

Of

DEBTORS

AND

CREDITORS (1990). THE LAW OF DEBTORS

AND

CREDITORS

(Little,

Brown

&Co.

2d

cd. 1991,

2 d

ed. 1991, As

pen

3rd ed. 1996,

4

1

h

ed

.

2001 ).

(With

Westbrook)

TEACHERS

MANUAL,

THE

LAW

OF DEBTORS AND CREDITORS (Little,

Brown

Co.

1986, 2

4

ed.

1991, Aspen

3fd

ed. 1996, 4

1

h

ed. 2001 ).

(With LoPucki) SE CURED TRANSACT IONS: A SYSTEMS

APPROACH

(Little, Brown & Co.

1995,

Aspen 2d. Ed. 1998, 3d ed. 2000).

(With LoPucki) TEACHERS MANUAL, SECU

RED

TRANS

ACTIONS:

A SYSTEMS

APPROACH

(Little, Brown

Co. 1995, Aspen 2d.

ed.

1998, 3d.

ed

. 1998, 3d.

ed.

2000).

(With LoPucki, Keating, Mann) COMMERCIAL

LAW

: A

SYSTEMS

APPROACH (Little,

Brown

Co. 1998).

(With

LoPucki, Keating, Mann)

TEACHERS

MANUAL

,

COMMERCIAL

LAW: A

SYSTEMS

APPROACH

(Little Brown Co.

1998)

.

REPORT OF THE NA1'10NAL BANKRUPTCY R.E.VlEW COMMISSION (Reporter) (October 20,

1997).

BUSINESS BANKRUPTCY (Federal Judicial Center 1993).

(With Sullivan and Westbrook) AS WE FORGIV

E

OUR D EBTORS: CONSUMER CREDIT AND

BANKRUPTCY IN

AMERICA (Oxford University Press 1989).

Book Chapters

Evaluate the Present nd Shape the Furure in

TH

DEVELOPMENT OF BANKRUPTCY &

REORGANJZATION

L W IN

THE

CO

URTS

OF

THE

SECOND CIRCUIT OF

THE UNITED ST TES

(Matthew Bender 1995).

(With Sullivan and Westbrook)

Bankruptcy and the Family in

FAMIUES AND

LAW

(L.

Ma

cintyre,

M . Sussman eds.

Haworth

Press 1995).

2


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Reports

(With Sullivan and Westbrook) FINANCIAL DIFFICULTIES

OF SM LL

BUSINESSES AND

REASONS FOR THEIR FAILURES (Small Business Administration) (September 1998).

Academic Journs.Js

(With Sullivan and Westbrook) '

Une Prosperite PrecaireSur

les

situations flnancieres

critiques dans la classe moyenne, 138 Actes de la Recherche en Sciences Sociales 19·

33 (Juin 2001) (abstracts in French, English, German, and Spanish).

(With Jacoby and Sullivan) Rethinking the Debates over Health. Care Financing:

Rvidencefrom the BanJ...ruptcy Courts 76 NEw YoRK

UNlVF.RSlTY

LAW REVIEW 375

(2001

).

(With Jacoby and Sullivan) Medical Problems and Bankruptcy Filings NoRTON

BANKRUPTCY

LAW

ADVISOR

1

(May

2000).

(With Westbrook) Financial Characteristics o Businesses

in

Banlrruptcy 73

AMERICAN

BANKRUPTCY

LAW

JOURNAL 499 (1999).

The Changing Politics o American Bankrupu.y Reform

37 OSGOODE HALL LAW

JouRN L 189 (Symposium Spring/Summer 1999).

(With

Sullivan) The Changing Demographics o Bankruptcy NORTON BANKRUPTCY

LAW

ADVISOR

(October 1999).

(With

Sullivan) More

Women in

Banln·uptcy American

Banl 1Uptcy

Institute Joumal

(July 30 1999).

(With Sullivan) Women in Bankruptcy American Banlcruptcy Institute .Toumal (July 13,

1999).

(With Westbrook) The Business Ban/..:ruptcy Project: The Work in Progress 72

NATIONAL

CONFERENCE OF

BANKRUPTCY

JUDGES

2.3

(1998).

The BanJ..Tuptcy Crisis 731NDIANA LAW JOURNAL 1079 (Harris

Lectu.re)

(1998).

(With Sullivan and Westbrook) From Golden Years

to

Bankrupt Years

NORTON

BANKRUPTCY

LAW

ADV1SOR l(July

1998).

Al/aking Policy with Impe1fecl Information: The Article 9 Full Priority Debates

82

CORNELL LAW

REVIEW

101(1998).

A Principled Approach

to

Consumer Ban/...7uptcy

71 AMERICAN BANKRUPTCY LAW

JOURNAL483

(1997).

3


14/21

Academic Journals,

cont.

With Sullivan

and

Westbrook)

America s

Consum.er Banlo·uptcy

Dichotomy: A Study of

Alleged Ahuse and Local Legal Culture, 20 JOURNAL OF CONSUMER POLICY 223 Ian

Ramsey, ed., Great Britain).

A Basic Bankruptcy Conceptfor Consumer Banlrruptcy 51 CONSUMER FINANCE LAW

QUARTERLY

REPORT 3

Winter

1997).

An Article 9 Set Aside for Unsecured Creditors,

51

CONSUMER FINANCE LAW

QUARTERLY

REPORT 323 Fall

1997).

Article 9 Set Aside for Unsecured Creditors, UCC BUU.F. T TN

(1

October 1996).

With

Sullivan

and Westbrook)

Bankruptcy and the Family,

21

MARRIAGE FAMILY

REVIEW

193 1995).

With Westbrook) Searching for Reorganization Realities, 72 WASHINGTON UNIVERSITY

LAW QUARTERLY

3001 1994)

symposium issue).

With Sullivan and Westbrook) The Persistence ofLocal Legal Culture: Twenty Years of

Evidettcefrom the Bankruptcy

Courts

17 HARVARD JOURNAL

OP

LAW PUBLIC POLICY

801

1994).

With

Sullivan and Westbrook) Consumer Debtors Ten Years Later: A Financial

Comparison of onswner Bankrupts 1981-91,68 AMERICAN BANKRUPTCY LAW

JOURNAL 121 1994).

Further Reconsideration: A Comment on Baird s Article 9 Reconsidered,

80

VIRGINIA

LAW REVIEW 2301 1994) symposiwn issue).

Banknlptcy Policymaking in an Imperfect

World 92

MICHIGAN LAW REVIEW

336 1992).

With Sullivan and Westbrook) Baby Boomers and

the

Bankruptcy Boom, NORTON

BANKRUPTCY

LAW

ADVISOR l April1993).

7 e

Untenable

Case For Repeal

of

Chapter 11

102

YALE

LAW

JOURNAL

437

(1992).

Why Have a Federal Bankruptcy System?, 77

CORNELl

LAW REVIEW 2401 1992).

A T1zeory

of

Absolute Priority,

1991 NEW

YORK UNIVERSITY ANNUAL SURVEY OF

AMERICAN

LAW 9.

4


15/21

A endemic

o u r n a l s ~

cont.

Absolute Priority, New Value and 17zeories ofBankruptcy, 1990

N.C.B.J.

1125 (1990).

With Sultivan and Westbrook)

Laws,

Atfodels

andReal People, 13

LAW

AND SOCIA

INQUIRY

661

1988).

Legal Realism: Commenta1y,

1988

NEW YORK UNIVERSITY ANNUAL SURVEY OF

AMERICAN

LAW

49 1988).

Bankruptcy

Policy

54 UNIVERSITY CHICAGO LAW REVIEW 775 (J 987); reprinted in

CORPORATE BANKRUPTCY: ECONOMIC ND

LEGAL PERSPECTIVES Bhandari

Weiss,

eds. Cambridge University Press 1994) and reprinted in

Company

Law S. \Vheeler, ed.

Dartmouth Publishing United Kingdom 1993).

With Sullivan and Westbrook) The Role

of

Empirical Data

in

Formulating a National

Bankruptcy Policy, 50

LAW

AND

CONTEMPORARY PROBLEMS

195 1987).

With Sullivru1 and Westbrook) Folklore and

FacLs:

A Prelimina1y Report from The

Consumer Bankruptcy Project,

60

AMERlCAN BANKRUPTCY LAW JOURNAL 293

1986).

With Sullivan and Westbrook) Rejoinder: Limiting Access o Banb·uptcy Discharge,

1984 WISCONSIN LAW REVIEW

1087.

Reducing Bankruptcy Protection for

Consumers:

A Response, 72

GEORGETO WN

L W

JoURNAL

1333

1984).

With

Sullivan

and Westbrook)

Limiting Access

to

Bankruptcy Discharge: An Analysis of

the Creditors Data, 1983 WISCONSIN LAW REVIEW 1091.

Formal and Operative Rules Under Common Law and Code, 32 UCLA LAW REVIEW

898 1983).

Trade Usage and Parties in the Trade: An Economic RatioHale for an Inflexible Rule

42

PITTSBURGH

LAW REVIEW 515

1982).

Regulated Industries Automatic Cost ofService Adjustme11t Clauses: Do They I11crease

or

Decrease

Cost

to

the

Consumer?,

55

NOTRE

DAME LAWYP.R

333 1980).

Tax

Accounting in Regulated Industries: Limitations on Rate Base Exclusions, 31

RUTGERS LAW REVIEW 187 (1978).


16/21

Academic Journals

cont.

Busing-Supreme Courr Restricts Equity Powers

o

District Courts to Order Jnterschool

Busing, 28

RUTGERS LAW REVIEW

1225 (1975)(STUDENT WORK .

Other Publications

Anti-Women

Bankruptcy Bill

May Be Veto-Proof, 'Women's Enews

(December

14,

2000)

Commentary: Don t Link

Bankruptcy,

Domestic Violence Bills, Women's

Enews

(October 4, 2000)

Homeowners in Banlauptcy: The Hidden Costs ofPredatory Lending, testimony before

the

Predatory Lending Joint Task Force of the Department

of

Housing and Urban

Development, May

25,

2000.

Banh·uptcy Reform

Targets the

Little

Guy,

Star Ledger, Perspectives (February 2, 2000 .

The

New Women s Issue:

BanJ.cruptcy

Law, Christian

Science

Monitor (September 1

0,

1999).

Banlo Upt? Pay Your Child Support First,

New York Times

A19

(April27,

1998 .

Bankruptcy Refonn, testimony before the Joint Hearing

ofth

Subcommittee on

Administrative Oversight

and

the courts and the Subcommittee

of

the Commerc1a.l and

Adminlstrative Law, March

11, 1999.

In

Serious Jeopardy: Lies v. Unadulterated Statistics Muddle Bankroptcy Reform,

Chicago Tribune

21

(March

19, 1998 .

How I Write,

4

SCRIBES JOURNAL OF

LEGAL

WRITING

71 (Symposium Issue) (1994).

Chapter 11 Report,

NATIONAL BANKRUPTCY

CONFERENCES' CODE

REVIEW PROJl3CT,

REFORMING THE BANKRUPTCY CODE

265 (Reporter 1994).

Consumer Credit Industry, testimony before the House of Representatives Com.mittee

on Banking and Coinage, Subcorrunittee on Consumer Affairs, Hearings published in

Congressional Record and Committee Hearings Report, September 10, 1992.

Small

Business and Big Trouble, 2

TURNAROUNDS AND

WORKOUTS 3 (Survey

of

Consumer

Banlcruptcics Issue) (July 15, 1992).

6


17/21

Other Publications cont.

Bankruptcy is

a

Better

Altemative (opinion

piece)

NATIONAL LAW

JOURNAt (April 20,

1992).

(With Sullivan and

Westbrook) What

We

Really Said About Chapler

13, 5

NATIONAL

ASSOCIATION OF CHAPTER 13 TRUSTEES QUARTERLY 18 (April,

1992).

The Bankruptcy Code and Individual Debtors, testimony before the Sena.le Judiciary

Committee, Subcommittee on Courts and Administrative Practices,

Hearings

published

in

Congressional Record and Committee Hearings Report

July, 1991.

Book Review, The

Law

o

Letters

o Credit:

Commercial

and

Standby Credits 48 TEXAS

BAR

JOURN L

216 (1985).

LENDING

OFFICERS

MANUAL (Revision) (for Texas Bankers Association 1984).

(With

Sullivan

and Westbrook)

Ban o-uptcy

Judges and Banla·uptcy Lawyers

9TH

ANNUAL REPORT f 'fl-IE AMERICAN SOCJOLOGICAL ASSOCIATION (1984).

(With

Sullivan and Westbrook) Consumer Choices

in

Bankruptcy: Statutory Inte1:1tions

and Statutory

Consequences, listed as Funded Proposal 831 0193,

National

Science

Foundation Archives (1983) (published grant application).

(With

Sullivan

and

Westbrook) American Consumer BanJ..ntptcy Law: ff 11o is Served?

781h Annual Meeting of

the

American Sociological Association

(1983).

Regulatory Lag Fallacy,

106

PUBLIC UTILITIES

FORTNTGHTLY

15 (August

14,

1980).

Honors and wards

Champion o

Consumer

Rights Award National Association

of

Consumer Bankruptcy

Attorneys, April27, 2000

Scholarship

Award American College

of

Consumer Financial Services Lawyers (for

THE

FRAGILE

MIDDLE

CLASS),

March

24,

2000

Outstanding Bankrupzcy Academics Turnarounds Workouts (July 1999, July 2000)

Brown A·ward

for Judicial Scholarship

and Education Federal Judicial Center ( 1998)

CommendationjoJ· Service American Banlauptcy Board of Certification (1998)

.


18/21


19/21

Competitive Grants cont.

1993

National Conference ofBanlcruptcy Judges, Empirical Study

o

Business

1998 Bankruptcy.

Scholar in Residence, Rockefeller Foundation, Bellagio,

Italy.

1995- Small Business Administration, Research Grant for Empirical Study on Small

1998

Business Failure.

Moller Research Chair in Bankruptcy Law and Policy.

Research Foundation, University ofPennsylvan1a.

National Conference

o

Bankruptcy Judges, Empirical Study

o

Consumer

Debtors.

P11blic

Policy Research Initiative, University

o

Pennsylvania.

Jolm

M.

Olin

Foundation, Institute for

Law

and Economics, University

o

Pennsylvania.

Policy Research Institute,

Economic

and Political Institutions Grant.

American Bar Foundation, Meyer Research Grant.

National Institute

o

Child Health

and Human

Development,

HD

#06160-15.

1984 National Science Foundation, GrantNo. SES 8310173.

1986

Consumer Choices in

Banl-ruptcy:

Statutory Intentions and Statutory

Consequences.''

1985- Texas

Bar Foundation, Grant

for

Research

on

Banlauptcy Demographics Grant.

1986

Policy Research Institute, Grant

No.

30-3239-4850.

M D

Anderson Research Fellow.

1979 Resem ch

Initiation Grant, University of Houston.


20/21

Selected Professional Activities

Sec.ond Vice-President Council o the American Law Institute; Executive Committee o

Council 1994-1995 1998-present Nominating Committee 1995-present.

United States Adviser Transnational Insolvency Project American. Law Institute 1995-

prcscnt.

Reporter/Adviser

to

the National Bankruptcy Review Commission 1995-1997.

Federal Judicial Center Committee on Judicial Education three

tenns

by the appointment

of Chief Justice Rehnquist 1990-1999.

National Bankruptcy Conference Executive Committee 1993-1995.

Editorial Advisory Board Little Brown

and

Company Law School Division 1990-

present.

Board

o Trustees American Bankruptcy Board o Certification 1992-1996.

Board

o

Editors American Bankruptcy Law Journal

1989-92.

Chair Legislation Committee Debtor-Creditor Section Association o American Law

Schools 1990-1993 Chair Debtor-Creditor Section 1989-90.

Adviser German Goverrunent Task Force on Banlauptcy Reform 1993

Eastern District

o

Pennsylvania Bankruptcy Conference Secretary and Steering

Committee 1990-1992.

Texas State Bar Advisory Commission on Legal Specialization Charter Member BoarC:

ofDirectors 1986-87.

Proposal Reviewer National

Scie.nce

Foundation 1985-present.

Professional Development Committee American Association o aw Schools 19

88 91

Planning Committee Association o American Law Schools Conference

on

Teaching

Contract Law

1989.

Chair Association o American

Law

School Commercial Law Workshop May-June

1984.

Chair Commercial and Related Consumer Law Section Association o American. Law

Schools 1983-84.

10


21/21

Documents

In Re Kaiser - Elizabeth Warren Verified Statement