ALAN N. RESNICK
Hofstra University School of Law
121 Hofstra University
Hempstead, New York 11549
Tel: (516) 463-5872 Fax: (516) 481-8509
E-mail: lawanr@hofstra.edu
Current Employment:
Benjamin Weintraub Distinguished Professor of Bankruptcy Law, Hofstra University
School of Law, Hempstead, New York
Teaching and Law School Administrative Experience:
Subject Areas: Bankruptcy, Debtor-Creditor Law, Contracts, Secured Transactions,
Commercial Transactions, Uniform Commercial Code
Faculty and Administrative Positions at Hofstra University School of Law:
Interim Dean, 2004-2005
Benjamin Weintraub Distinguished Professor of
Bankruptcy Law, 1984 to present
Professor of Law, 1979 to present
Associate Dean, 1979 to 1981
Associate Professor of Law, 1976 to 1979
Assistant Professor of Law, 1974 to 1976
Hofstra University Committees and Positions:
Faculty Advisory Committee on the Presidential Search, 2000 to 2001
University Center for Teaching Excellence, 1990 to 1993
Visiting Professor, New York University School of Law, 2004
Other Professional Activities and Affiliations:
Of Counsel to the firm of Fried, Frank, Harris, Shriver & Jacobson LLP, New York City
(consultant on complex debt restructurings and chapter 11 reorganizations) (1989 to
present)
Reporter (1987 to 1999) and Member (1999 to 2005) of the Advisory Committee on
Bankruptcy Rules of the Judicial Conference of the United States (appointed by Chief
Justice William H. Rehnquist)
Member of the National Bankruptcy Conference (law reform organization dedicated to
the improvement of bankruptcy law and practice, consisting of 65 lawyers, judges and
law professors elected to membership) (1984 to present); Executive Committee (1989 to
1992; 2000 to present); Chair of Drafting Committee (2004 to present)
Chairman, Local Rules Committee of the United States Bankruptcy Court for the
Southern District of New York (2003 to present)
Scholar-in-Residence (1999-2005) and Fellow (1999 to present) of the American College
of Bankruptcy
Member of the American Law Institute (1996 to present); Consultative Group on
Transnational Insolvency Project
Fellow of the American Bar Foundation (1999 to present)
Member of the Merit Selection Panel appointed by Chief Judge Jon O. Newman of the
Court of Appeals for the Second Circuit to identify meritorious candidates for a
bankruptcy judgeship in the Southern District of New York (1995)
Member of the American Bankruptcy Institute
Education:
Harvard Law School, LL.M 1974
Georgetown University Law Center, J.D. 1972
Editor, Georgetown Law Journal
Rider College, B.S. in Business Administration 1969
Publications:
Books:
Author, BANKRUPTCY LAW MANUAL (Thomson/West) (treatise originally coauthored with the late Benjamin Weintraub in 1980) (2nd ed. 1986; 3rd ed. 1992; 4th ed.
1996; 5th ed. 2002).
Editor-in-Chief, COLLIER ON BANKRUPTCY (15th Edition), a multi-volume treatise
published by Matthew Bender & Co., a division of LexisNexis (2002 to present).
Contributor, BLACK’S LAW DICTIONARY (8th ed. 2004) (reviewed and drafted legal
definitions).
Editor, BANKRUPTCY PRACTICE AND STRATEGY, published by Warren, Gorham
& Lamont (1987)
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Co-editor with Eugene M. Wypyski, BANKRUPTCY REFORM ACT OF 1978: A
LEGISLATIVE HISTORY, a 17-volume work published by William S. Hein &
Company, Inc., 1979
Articles:
Author, “The Future of the Doctrine of Necessity and Critical-Vendor Payments in
Chapter 11 Cases,” 47 BOSTON COLLEGE LAW REVIEW 183 (2005).
Author, AThe Impact and Influence of Professor Lawrence P. King,@ 75 AMERICAN
BANKRUPTCY LAW JOURNAL 401 (2001), reprinted in LAWRENCE P. KING:
LAWYER, TEACHER, SCHOLAR, AND LAW REFORMER, a special publication by
LexisNexis (2001)
Author, ASubordination Agreement Provisions Shifting Chapter 11 Voting Rights: Can
the Seniors Disenfranchise the Juniors?,@ 118 BANKING LAW JOURNAL 297 (2001)
Author, ABankruptcy as a Vehicle for Resolving Enterprise-Threatening Mass Tort
Liability,@ 148 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 2045 (2000)
Author, "The Bankruptcy Rulemaking Process," 70 AMERICAN BANKRUPTCY LAW
JOURNAL 245 (1996)
Co-author, "Freezing the Debtor's Account: A Banker's Dilemma Under the Bankruptcy
Code," 100 BANKING LAW JOURNAL 316 (1983)
Co-author, "Involuntary Petitions Under the New Bankruptcy Code," 97 BANKING
LAW JOURNAL 292 (1980), reprinted in CORPORATION COUNSEL'S ANNUAL 1981, volume 2, p. 291 (Matthew Bender & Co., 1981)
Co-author, "A House May Not Be A Home: Liquidation Under the Bankruptcy Act," 53
NEW YORK STATE BAR JOURNAL 272 (1981), reprinted in 86 COMMERCIAL
LAW JOURNAL 286 (1981)
Author, "Prudent Planning or Fraudulent Transfer? The Use of Nonexempt Assets to
Purchase or Improve Exempt Property on the Eve of Bankruptcy," 31 RUTGERS LAW
REVIEW 615 (1978), reprinted in 85 COMMERCIAL LAW JOURNAL 238 (1980)
Co-author, "Allowance of Claims and Priorities Under the New Bankruptcy Code," 12
UNIFORM COMMERCIAL CODE LAW JOURNAL 290 (1980)
Author, "Consumer Arbitration as an Alternative to Judicial Preseizure Replevin
Proceedings," 16 WILLIAM AND MARY LAW REVIEW 269 (1974)
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Columns: Author or co-author of more than 50 articles that have appeared in the
UNIFORM COMMERCIAL CODE LAW JOURNAL as columns under the heading
"From the Bankruptcy Courts" between 1983 and 2001. The following is a sample list:
ALimitations on the United States Trustee=s Power to Appoint Committees: Lessons from
PG&E,” 34 U.C.C.L.J. 215 (2001)
AThe Effect of a Cross-Default Provision on the Ability to Assume an Executory Contract
or Unexpired Lease,@ 32 U.C.C.L.J. 338 (2000)
AWhen an Oversecured Creditor is Entitled to Postpetition Interest at the Default Rate:
the Thirty-Six Percent Award,@ 32 U.C.C.L.J. 212 (1999)
ASupreme Court Adopts Replacement Cost Method of Valuing Collateral for Chapter 13
Cram Down Purposes,@ 30 U.C.C.L.J. 333 (1998)
ACan Low Market Value of Debt Securities Render a Corporation Solvent for Preference
Purposes? A Surprising Decision from Delaware,@ 30 U.C.C.L.J. 102 (1997)
AExpiration of Letter of Credit After Payment Leaves Creditor Vulnerable to Preference
Risk,@ 28 U.C.C.L.J. 414 (1996)
ALocal Bankruptcy Court Rules and Procedures: Needed Relief for the National
Practitioner,@ 28 U.C.C.L.J. 312 (1996).
"Applying Adequate Protection Payments From Post-Petition Rents: Do They Reduce the
Debt?," 27 U.C.C. L. J. 216 (1995)
"How the Bankruptcy Reform Act of 1994 Affects Secured Creditors and Mortgagees in
Business Cases," 27 U.C.C. L.J. 91 (1995)
Interviews:
"Bankruptcy and the Financial Manager: An Interview with Alan Resnick," Business &
Tax Planning Quarterly, a publication of the National Association of Accountants, Inc.,
volume 4, number 2 (1988)
Testimony:
Testified before the Subcommittee on Administrative and Commercial Law, Committee
on the Judiciary of the U.S. House of Representatives, on proposed bankruptcy reform
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legislation, 1998
Testified before the National Bankruptcy Review Commission, Washington, D.C., on
bankruptcy reform and executory contracts, 1997
Professional Speaking Activities:
Speaker, “The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,”
presented to the Committee of Rules of Practice and Procedure of the Judicial Conference
of the United States, Philadelphia, 2006
Speaker, “Interim Bankruptcy Rules to Implement the Bankruptcy Abuse Prevention and
Consumer Protection Act of 2005,” presented at the National Conference of Bankruptcy
Judges, San Antonio, Texas, 2005
Speaker, “Bankruptcy Rules Process and the 2005 Bankruptcy Legislation,” University
of Texas Bankruptcy Conference, Austin, Texas, 2005
Speaker, Bankruptcy Symposium on “The Future of Chapter 11,” sponsored by Boston
College Law Review and the American College of Bankruptcy, Boston, MA, 2005
Faculty, Annual New York University Workshop on Bankruptcy and Business
Reorganization, New York City, 1988-1993, 1995-2005
Panelist, presentation on “Mass Torts and Bankruptcy” at the Third Circuit Judicial
Conference, Philadelphia, 2003
Moderator, program on “Equitable Subordination and Recharacterization,” sponsored by
the American College of Bankruptcy, San Diego, 2003
Moderator, panel discussion on “The Implications of Enron,” sponsored by the American
College of Bankruptcy, Chicago, 2002.
Speaker, AHot and Emerging Topics in Chapter 11,@ program sponsored by the
Commercial Law League of America and delivered at the National Conference of
Bankruptcy Judges, Orlando, 2001
Speaker, ADisclosure Requirements under Proposed Amendments to Bankruptcy Rule
2014,@ program sponsored by the ABA Business Bankruptcy Committee, Subcommittee
on Professional Ethics, Orlando, Florida, 2001
Moderator, ADialogue with United States Trustees,@ program sponsored by the American
College of Bankruptcy, Orlando, Florida, 2001
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Moderator, ARevised Article 9 of the Uniform Commercial Code", program sponsored by
the American College of Bankruptcy, Washington, D.C., 2001
Moderator, AThe Duty to Disclose Connections: How to Comply with Bankruptcy Rule
2014,@ program sponsored by the American College of Bankruptcy, Boston, MA, 2000
Panelist on AThe Future of Bankruptcy,@ at Views From the Bench program co-sponsored
by Georgetown University Law Center and the American Bankruptcy Institute,
Washington, DC, 2000
Presenter of Paper on ABankruptcy as a Vehicle for Resolving Enterprise-Threatening
Mass Tort Liability@ at Symposium on Mass Torts at the University of Pennsylvania
School of Law, 1999
Speaker on ACurrent Developments in Business Bankruptcies,@ at the National
Conference of Bankruptcy Judges Annual Meeting, San Francisco, CA 1999
Faculty, Annual Bankruptcy Forum sponsored by the Eastern District of Pennsylvania
Bankruptcy Conference, Princeton, New Jersey, 1995-97, 1999
Panelist, program on privacy concerns relating to bankruptcy data collection and
availability, sponsored by the American Bar Association and held at the National
Conference of Bankruptcy Judges, Dallas, Texas, 1998
Participant, Conference on mass tort litigation sponsored by the Mass Tort Working
Group of the Judicial Conference of the United States, held in Philadelphia and
Washington, D.C., 1998
Speaker, "Current Developments in Bankruptcy," Annual Uniform Commercial Code
Institute, Washington, D.C., 1982, 1987, 1989, 1991-93, 1995-97
Speaker, "Recent Developments in Bankruptcy Law," annual program of the Nassau
Academy of Law and Suffolk Academy of Law, 1992-97
Speaker, "What Real Estate Practitioners Should Know About the Bankruptcy Reform
Act of 1994," sponsored by the Association of the Bar of the City of New York, New
York City, 1994
Speaker, "The Bankruptcy Reform Act of 1994," Bankruptcy Committee of the New
York Chapter of the Women's Bar Association, New York City, 1994
Speaker, "Recent Developments in Bankruptcy Law," Seminar for the Association of
Commercial Finance Attorneys, Montauk, New York, 1994
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Panelist, "Directors' Fiduciary Duties Owed to Creditors of Insolvent Corporations,"
program of the Bankruptcy Committee of the Association of the Bar of the City of New
York, 1994
Panelist, "Significant Developments in Bankruptcy Practice," sponsored by the
Association of the Bar of the City of New York, 1993
Panelist, "Bankruptcy Reform Circa 1993," a presentation of the National Bankruptcy
Conference's Bankruptcy Code Review Project, co-sponsored by the National
Bankruptcy Conference and the American Law Institute-American Bar Association,
Atlanta, 1993
Speaker, "Executory Contracts and Unexpired Leases," New York Law Journal Program
on Bankruptcy Litigation, New York City, 1993
Speaker, Annual Stetson College of Law Bankruptcy Seminar, St. Petersburg Beach,
Florida, 1987 and 1993
Speaker, "Update on the Federal Rules of Bankruptcy Procedure," meeting of the
American Bar Association subcommittee on bankruptcy rules, Orlando, Florida, 1993
Speaker, National Conference of Bankruptcy Judges, Annual Convention, San Antonio,
Texas, 1992
Panelist, "Bankruptcy Laws and the Bankrupt Marriage," sponsored by the Committee on
Matrimonial Law of the Association of the Bar of the City of New York, 1991
Panelist, "1991 Amendments to the Federal Rules of Bankruptcy Procedure," Annual
Management Conference of the United States Trustee Program, Newport Center,
California, 1991
Speaker, New York County Lawyers' Association Program on the 1991 Amendments to
the Federal Rules of Bankruptcy Procedure, New York City, 1991
Speaker, "Bankruptcy and Foreclosures," The Long Island Real Estate Symposium,
Hofstra University, 1991
Speaker, "Bankruptcy Issues Concerning Distressed Real,@ New York State Bar
Association Program on Distressed Real Estate, New York City, 1991
Commentator, "A Bankruptcy Law Symposium," The Annual Survey of American Law,
New York University, 1991
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Panelist, Practicing Law Institute Program on "Dealing with the Reorganizing Debtor,"
New York City, 1990
Panelist, "Corporate Reconstruction: Managing the Aftermath of the 1980's," Annual
Turnaround Industry Conference sponsored by Turnaround Management Assoc., 1990
Panelist, "Bankruptcy Court Jurisdiction," Ninth Annual Bankruptcy Conference,
University of Texas School of Law, 1990
Lectures at Seminars for U.S. Bankruptcy Judges, sponsored by the Federal Judicial
Center: New Orleans, Louisiana, 1989
Miami, Florida, 1988
Pittsburgh, Pennsylvania, 1986
Washington, D. C., 1984-85 (for Newly Appointed Bankruptcy Judges)
Hershey, Pennsylvania, 1984
Phoenix, Arizona, 1984
Asheville, North Carolina, 1983
Panelist, "Basic Bankruptcy in New York," a seminar sponsored by the National
Business Institute, Inc., Westbury, New York, 1988
Speaker, "Exemptions, Property of the Estate, and Executory Contracts in Bankruptcy,"
Eastern District of New York Bankruptcy Symposium sponsored by the United States
District Court and Bankruptcy Court, 1985
Speaker, National Conference of Bankruptcy Judges, Annual Convention, Orlando,
Florida, 1984
Speaker, New York State Bar Association Program on "Consumer Bankruptcy: A Primer
for the General Practitioner," 1981
Speaker, Program on "Articles III and IV of the Uniform Commercial Code", American
Bar Association Committee on Savings and Loan Law, New York Chapter, New York
City, 1981
Bar Admissions:
New York State Bar, 1973
U.S. District Court, S.D.N.Y., 1975
U.S. District Court, E.D.N.Y., 1975
U.S. Court of Appeals for the Sixth Circuit, 1989
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