Stephen J. Lubben
Daniel J. Moore Professor of Law
Stephen J. Lubben, the Daniel J. Moore Professor of Law at Seton Hall, is an internationally recognized expert in the field of bankruptcy and corporate debt. His recent scholarship concentrates on the intersection of credit derivatives and chapter 11, and the role of professionals in large corporate reorganization cases.
Professor Lubben was the principal investigator under a $345,000 grant from the American Bankruptcy Institute that funded the 2007 ABI Chapter 11 Fee Study, the leading empirical study of professional fees in chapter 11 bankruptcy cases.
He has presented his papers at academic conferences around the world and frequently provides commentary on chapter 11 and related issues for national and international media outlets, including the Wall Street Journal, The New York Times, the Financial Times, Reuters, the Associated Press, Bloomberg, and the BBC. In 2009 he testified before the TARP Congressional Oversight Committee on the automotive bankruptcy cases. His commentary on chapter 11 also appears on Credit Slips, a blog started by a small group of bankruptcy experts.
Professor Lubben joined Seton Hall in 2002 after several years in practice with Skadden, Arps, Slate, Meagher & Flom LLP in New York and Los Angeles, where he represented parties in chapter 11 cases throughout the country. He received his bachelor’s degree from the University of California, Irvine; his J.D., magna cum laude, from Boston University School of Law, where he was an editor of the Boston University Law Review; and his LL.M from Harvard Law School, where he was a teaching fellow. Following graduation from Boston University, he clerked for now Chief Justice John T. Broderick, Jr. of the New Hampshire Supreme Court.
Professor Lubben is on sabbatical during the Spring 2010 semester.
PUBLICATIONS
LAW REVIEW ARTICLES
Financial Distress in Emerging Markets, in Financial Innovations in Emerging Markets, Chapman-Hall/Taylor and Francis (forthcoming 2009) (Greg N. Gregoriou ed.)
Delaware's Irrelevance, 16 Am. Bankr. Inst. L. Rev. 267 (2008)
Choosing Corporate Bankruptcy, 14 Am. Bankr. Inst. L. Rev. 391 (2006)
Delaware's Duty of Care, 31 Del. J. Corp. L. 589 (2006) (co-written with Alana J. Darnell)
The "New and Improved" Chapter 11, 93 Ky. L.J. 839 (2005) (special, peer-reviewed AALS Section on Creditors' and Debtors' Rights issues)
Railroad Receiverships and Modern Bankruptcy Theory, 89 Cornell L. Rev. 1420 (2004)
Beyond True Sales - Securitization and Chapter 11, 1 N.Y.U. J.L. & Bus. 89 (2004)
Some Realism About Reorganization: Explaining the Failure of Chapter 11 Theory, 106 Dick. L. Rev. 267 (2001)
Chief Justice Traynor’s Contract Jurisprudence and the Free Law Dilemma: Nazism, the Judiciary, and California’s Contract Law, 7 S. Cal. Interdisc. L.J. 81 (1998)
OTHER JOURNAL ARTICLES
Corporate Reorganization & Professional Fees, 82 Amer. Bankr. L.J. 77 (2008)
Credit Derivatives & The Future of Chapter 11, 81 Am. Bankr. L. J. 405 (2007)
Business Liquidation, 81 Am. Bankr. L. J. 65 (2007)
The Direct Costs of Corporate Reorganization: An Empirical Examination of Professional Fees in Large Chapter 11 Cases, 74 Am. Bankr. L.J. 509 (2000)
OTHER PUBLICATIONS
ABI Chapter 11 Professional Fee Study, (2007)
The Microeconomics of Chapter 11, Part 1, 4 Int'l. Corp Rescue 31 (2007)
BOOKS AND BOOK CHAPTERS
Credit Derivatives and the Resolution Of Financial Distress in Credit Derivatives Handbook: Global Perspectives, Innovations, and Market Drivers, in McGraw-Hill 2008 (forthcoming) (with Greg N. Gregoriou & Paul U. Ali)
Financial Innovations in Emerging Markets, in Financial Distress in Emerging Markets, Chapman-Hall/Taylor and Francis (Greg N. Gregoriou)
WORKS IN PROGRESS
The Types of Chapter 11 Cases