Alec P. Ostrow

selected publications

“Nondisclosure as a Basis for Judicial Estoppel in Bankruptcy, or Estop Me If You Haven’t Heard This Before” Norton Annual Survey of Bankruptcy Law 123, 2011 edition, Norton, William L. Jr., West
“Don’t Let Me Down: Limiting the Use of Section 510(b) Subordination” Norton Annual Survey of Bankruptcy Law 367, 2010 edition, Norton, William L., Jr., West
“The Odd Free and Clear Sale, or Clear-Channeling the Spirit of Subsections (3) and (5) of Section 363(f)” Norton Annual Survey of Bankruptcy Law 91, 2009 edition, Norton, William L., Jr., West Services Inc.
“Lyondell Injunction: Too Big To Flail?” Bloomberg Law Reports. Volume 3, Number 15. Co-author. April 13, 2009.
“Big Three Bailout and Bankruptcy.” Contributing Viewpoint. American Bankruptcy Institute. Bankruptcy Townhall. February 2009.
“The Equitable Claim in Bankruptcy, or What’s in a Claim: That Which We Call an Equitable Remedy?” Chapter 3. Contributing author. Norton Annual Survey of Bankruptcy Law. 2008 edition. (copyright West Services, Inc.)
“Surviving Life in the Chapter 11 Fishbowl.” Contributing author. Inside the Minds: Chapter 11 Bankruptcy and Restructuring Strategies. Aspatore Books. 2008.
“We Don’t Need the Case Law to Turn the DIP’s Attorney into a Court Informant.” American Bankruptcy Institute Law Journal. Volume XXVII, No. 4/May 2008.
“‘Kelo’ Condemnation and the Automatic Stay: Can a Debtor Fight City Hall?” Real Estate Committee, ABI Committee News. Volume 5, Number 1/February 2008.
“Bankruptcy Business Sales Free and Clear of Antitrust Liability to Private Parties: A Proposal to Encourage Bidding from Competitors.” 2007 Annual Survey of Bankruptcy Law 209 (co-author).
“Forfeiture of Office by Buying Estate Property: The Bankruptcy Crime and the Civil Punishment, Part II.” Commercial Fraud Task Force Committee, ABI Committee News. Volume 4, Number 2/May 2007.
“Forfeiture of Office by Buying Estate Property: The Bankruptcy Crime and the Civil Punishment, Part I.” Commercial Fraud Task Force Committee, ABI Committee News. Volume 4, Number 2/April 2007.
“The Res Judicata Effect of Impermissible but Unlitigated Provisions in Confirmed Plans” 2006 Annual Survey of Bankruptcy Law 55.
“Introduction to the Bankruptcy Code.” Chapter 2. Contributing author. Bankruptcy Business Acquisitions. Second edition. 2006.
“Regulatory Considerations: Sale of Assets in Regulated Industries.” Chapter 26. Contributing author. Bankruptcy Business Acquisitions. Second edition. 2006.
“Airline Cases Ground Setoff Rights.” Pratt’s Journal of Bankruptcy Law. October/November, 2006.
“There They Go Again! Another Modification of Lessee Rights in Bankruptcy With Questionable Notice.” American Bankruptcy Institute Real Estate Committee Newsletter, November 2005.
“Rethinking Recoupment: Are We Really Sure It’s Not a Subset of Setoff?” Annual Survey of Bankruptcy Law 245, 2005.
“The New De Minimis Preference Defense: Does It Really Mean What It’s Supposed to Mean?” Pratt’s Journal of Bankruptcy Law, Vol. 1, No. 3, August/September 2005.
“My Lips Are Sealed: Sealing Files, Closing Courtrooms and in Camera Inspections in Bankruptcy Cases.” Annual Survey of Bankruptcy Law 203, 2004.
“Qualitech and Sales Free and Clear of Leesehold Interests: Bankruptcy Process and Due Process.” NABTalk, Vol. 19, No. 4, P. 14, 2004.
“Bankruptcy Adds New Vistas to Real Estate Landscape.” Journal of Corporate Renewal, Vol. 17, No. 8, P. 16, August 2004.
“The ‘Animal Farm’ of Administrative Insolvency.” 11 American Bankruptcy Institute Law Review 339, 2003.
“Free and Clear of Successor Liability, or Whose Liability is it Anyway?” Annual Survey of Bankruptcy Law 119, 2003.
“Bankruptcy and Redundant Representation, or How Many Bankruptcy Lawyers Does it Take to Change . . . a Debtor into a Debtor in Possession?” 11 Journal of Bankruptcy Law and Practice 227, 2002.
“Jurisdiction and Substance in License Disputes with the FCC.” Richard N. Tilton’s Business Bankruptcy Acquisitions, Lex. Med. Supp., 2002.
“Insider Includes? Include Me Out.” 7 American Bankruptcy Institute Law Review 601, 1999.
“The Involuntary Chapter 11 Case: Why Don’t We Do It in the Gap?” No One Will Be Watching Us.” 5 Journal of Bankruptcy Law and Practice 63, 1995.
“Constitutionality of Core Jurisdiction.” 68 American Bankruptcy Institute Law Journal 9, 1994.
“Mutuality of Obligation for Executory Contracts.” New York Law Journal, Oct. 30, 1995. Co-author.

Alec P. Ostrow

speaking engagements

How Are the Lower Courts Dealing with Stern v. Marshall?” Panelist. American Bankruptcy Institute’s 14th Annual New York City Conference New York City, New York, May 9, 2012
The New Scope of Bankruptcy Court Jurisdiction After Stern v. Marshall” Panelist. ALI-ABA Telephone Seminar Audio Webcast. August 10, 2011
Individual Chapter 11’s” Panelist. Association of Insolvency & Restructuring Advisors Conference Boston, MA, June 10, 2011
Bankruptcy: Attorney-Client Privilege and Work Product” Panelist. Strafford Telephone Seminar. Audio Webcast. September 30, 2010
Correcting the Quagmires: Protecting Creditors’ Rights Without Committing Malpractice” Panelist. American Bar Association Annual Meeting San Francisco, CA, August 8, 2010
Today’s Issues for LLC’s in Business Bankruptcy” Panelist. ALI-ABA Telephone Seminar Audio Webcast. May 14, 2010.
Distressed Real Estate: Market Trends and Disposition Strategies in a Difficult Market” Moderator: Real Estate Committee, American Bankruptcy Institute’s 28th Annual Spring Meeting. National Harbor, MD, May 1, 2010.
Forensic Solvency Analysis in Bankruptcy” and “Hot Topics in Bankruptcy” National Forensic Accounting Conference, American Institute of Certified Public Accountants. Orlando, FL, September 24-25, 2009.
Do Asset Protection Trusts Truly Protect the Debtor from the Claims of Creditors?” Panelist. American Bankruptcy Institute’s Tenth Annual New York City Bankruptcy Conference. New York City, N.Y. May 12, 2008.
A Failure of Proof? The Mortgage Industry at a Crossroads” Moderator. Real Estate and Ethics Committees, American Bankruptcy Institute’s 26th Annual Spring Meeting. Washington, D.C. April 5, 2008.
Opportunities for Buyers and Sellers in Sales of Distressed Assets” Panelist. Distressed Real Estate Investing Summit. New York City, N.Y. February 21, 2008.
Distressed Real Estate: Current Topics in Foreclosures and Bankruptcy” New York State Bar Association. New York City, New York. June 27, 2007.
Distressed Real Estate: Current Topics in Foreclosures and Bankruptcy” New York State Bar Association. Tarrytown, N.Y. June 5, 2007.
Recent Developments in Bankruptcy Jurisdiction” Moderator. American Bankruptcy Institute’s Ninth Annual New York City Bankruptcy Conference. New York City, N.Y. May 7, 2007.