Ralph R. Mabey
Professor of Law
Ralph R. Mabey is a Professor of Law at the S. J. Quinney College of Law, University of Utah and Senior of Counsel to Stutman Treister & Glatt P.C. He received his law degree from Columbia University where he was a Harlan Fiske Stone Scholar and served on the Board of Editors of the Columbia Law Review.
Judge Mabey served with distinction as a United States Bankruptcy Judge before returning to private practice and teaching. His judicial opinions have been cited frequently by courts and scholars. Judge Mabey is the past President and Chair of the American College of Bankruptcy. He served as an appointee of the Chief Justice of the United States to the U.S. Judicial Conference’s Advisory Committee on the Bankruptcy Rules. He also served as the managing editor of the Norton Bankruptcy Law Adviser and on the Editorial Advisory Board of the American Bankruptcy Law Journal. He is a Contributing Author to Collier on Bankruptcy. He is a member of the National Bankruptcy Conference, the American Law Institute, and a founding member of the International Insolvency Institute.
Judge Mabey currently serves as a court-appointed mediator in the Lehman Brothers cases. He recently served as Examiner in Extended Stay Hotels and as Chapter 11 Trustee in Cajun Electric Power Cooperative. Courts, parties and the Department of Justice (U.S. Trustee Program) have appointed Judge Mabey to serve as mediator, arbitrator, examiner or trustee in Alaska, Arizona, California, Delaware, Louisiana, Michigan, New York, Texas, Utah, Virginia and Washington, D.C.
Scholarship Highlights
Book Chapters
Collier on Bankruptcy 15th Edition (Contributing Author to Volume 4, Chapters 546 and 550)
Collier Bankruptcy Manual (Contributing Author; former)
Articles
American Bankruptcy Institute/New York University School of Law 38th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization (2012)
Litigation Trusts: Assignment of Causes of Action, Treatment of Non-Consenting Creditors, Feasibility and Funding Issues, co-authored with Audrey J. Noll
The Potential For, and Challenges To, Mediation as a Facilitating Solution, co-authored with Alex Fisch, Katherine Baudistel and Jake Smart
Guidelines for Coordination of Multi-National Enterprise Group Insolvencies (Working Drafts) Int'l Insolvency Inst. (2008-2012)
Issues Affecting Distressed Debt Investment, co-authored with Gabriel I. Glazer, American Bankruptcy Institute/New York University School of Law 37th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization (2011)
Coordination Among Insolvency Courts in the Rescue of Multi-National Enterprises, Co-authored with Susan Power Johnston, Ann. Rev. of Int'l Insolvency (2009)
The Evolving Bankruptcy Bench: How Are the ‘Units’ (28 U.S.C. § 151) Faring? 47 B.C. L. Rev. 105 (2005)
Second Report of the Select Advisory Committee on Business Reorganization, 60 Bus. Law. (Nov. 2004)(As a SABRE Member)
Transnational Insolvency: Cooperation Among the NAFTA Countries (A.L.I. 2003)(As a U.S. Advisor)
Chapter 11: Life After Death, co-authored with Patrick S. Malone, 3 Util. Project (2003)
First Report of the Select Advisory Committee on Business Reorganization, 57 Bus. Law. (Nov. 2001)(As a SABRE Member)
Selected Talks and Presentations
American Bankruptcy Institute/New York University School of Law 38th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization, New York, NY, 2012
Issues Affecting Distressed Debt Investment
Plan Confirmation Issues: Part II
The Effective Use of Chapter 11: The Good, the Bad and the Ugly for Debtors and Creditors Alike, American College of Bankruptcy: Tenth Circuit Conference on Bankruptcy, University of Utah, Salt Lake City, Utah, Oct. 2012
Issues Affecting Distressed Debt Investment, co-authored with Gabriel I. Glazer, American Bankruptcy Institute/New York University School of Law 37th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization (2011)
85th Annual National Conference of Bankruptcy Judges,Tampa, Florida, Oct. 2011
Examine This! Examiners, Examinations and You
Mediation in Bankruptcy: A Complement to the Judicial Process
Featured Speaker, INSOL India, Gwalior, India, Oct. 2011
Early Challenges in Chapter 11 Cases, Annual American Law Institute-American Bar Association Course of Study: Fundamentals of Bankruptcy Law, Chicago, Illinois, Sept. 2011
ABI Bankruptcy and Business Reorganization Advanced Course 2011, New York University School of Law, New York, NY, Sept. 2011
Consensual Resolution Part I:
Consensual Resolution Part II: The 'Solutions' and Whether They Work
Coordinating Corporate Group Insolvencies Across National Borders, International Insolvency Institute 11th Annual International Insolvency Institute Conference, New York, NY, June 2011
Ethics and Morality in the Classroom, 3rd Annual J. Reuben Clark Law Society Faculty Section Conference in connection with the American Association of Law Schools, San Francisco, California, Jan. 2011
Harvard Law School Roundtable on Distressed Debt Restructuring, Harvard Law School, Boston, Massachusetts, Dec. 2010
Bankruptcy and Business Reorganization Advanced Course 2010, New York University School of Law, New York, NY, Sept. 2010
Issues Affecting Claims Transfers/Special Purpose Entities in Bankruptcy
Chapter 9 Municipal Debt Adjustments
Coordination of Multinational Corporate Group Insolvencies: Solving the COMI Issue, International Insolvency Institute 10th Annual Conference, Rome, Italy, June 2010
Distribution of the Estate, Annual American Law Institute-American Bar Association Course of Study: Fundamentals of Bankruptcy
Law, Chicago, Illinois, Apr. 2010
Navigating Angels Landing at Zion National Park: The Art of Negotiation in Bankruptcy," American Bankruptcy Institute's Rocky Mountain Bankruptcy Conference, Denver, Colorado, Jan 2010
Bankruptcy and Business 7 of 12 Reorganization Advanced Course 2009, New York University School of
Law, New York, NY, Sept 2009
Fraud Cases
Tight Credit: DIP Financing and Plan Confirmation
Insolvencies and Restructurings of Multinational Corporate Enterprises, International Insolvency Institute 9th Annual Conference,
New York, NY, June 2009
Wall Street in Crisis, S.J. Quinney College of Law, University of Utah, Salt Lake City, UT October 2008
Bankruptcy and Business Reorganization Advanced Course 2008, New York University School of Law, New York, NY, Sept. 2008
Retailer Chapter 11 Cases
Chapter 15 Multinational Cases
Advanced Avoidance Issues
Is the Bankruptcy Code Capable of Dealing with the Next Round of Challenges?
Coordination Among Insolvency Courts in the Rescue of Multi-National Enterprises, The American Law Institute/International Insolvency
Institute, Transnational Insolvency: Principles of Cooperation, Berlin, Germany, June 2008
Distribution of the Estate, ALI-ABA Course of Study, Fundamentals of Bankruptcy Law, Chicago, IL, May 2006
Litigation in Chapter 11, 20th Annual Norton Bankruptcy Litigation Institute, Park City, UT, Mar. 2006
Legends of the Law, National Conference of Bankruptcy Judges, San Antonio, TX, Nov. 2005
Major First Day Issues and Employee-Related Issues in Chapter 11 Cases, Bankruptcy and Business Reorganization Advanced Course 2005, New York University School of Law, NY, Sept. 2005
Distribution of Estate, Chapter 11, ALI-ABA Course of Study, Fundamentals of Bankruptcy Law, Santa Fe, NM, May 2005
Moving Mountains: $2 Trillion in Consumer Debt and the Middle Class Bankruptcy Earthquake, American College of Bankruptcy, Washington, DC, Mar. 2005
Bankruptcy Ethics: Are There Universal Standards, or Do the Ends Define the Rules? American Bankruptcy Institute, 10th Annual Rocky Mountain Bankruptcy Conference, Denver, CO, Feb. 2005
Professional Service
Member, National Bankruptcy Conference (Past Co-Chair, Legislation Committee; Executive Committee; Past Chair, Membership Committee; Past Chair, Individual Debtor Committee; Past Chair, Claims Committee and Future Claims Committee)
American College of Bankruptcy (Chair 2003-2004; President 2001-2003; Board of Directors, 1990-present; Past Member, Board of Regents)
American Bar Association Select Advisory Committee on Business Reorganization (SABRE) (Core Group Member)
American Bar Association Business Bankruptcy Committee (Past Chair, Bankruptcy Courts Subcommittee)
American Law Institute International Insolvency Law Project (Past U.S. Advisor)
J. Reuben Clark Law Society (International Chair, 1997-1999)
U.S. Judicial Conference Advisory Committee on the Bankruptcy Rules (1987-1993)
Community Service
Bountiful City Light and Power Company (Commissioner, 1995-present)
Legal Aid Society of Salt Lake, (Board of Directors, 2003-2006)
Davis School District Foundation (Founding Director, 1994-1995; Annual Gala Co-Chair, 2005)
Honors & Awards
Distinguished Service Award, American College of Bankruptcy (2009)
Order of the Coif, J. Reuben Clark Law School (Honorary)
University of Utah Alumni Association Par Excellence Award (1983)
Professional Affiliations
American Bankruptcy Institute
American Law Institute
American College of Bankruptcy
International Insolvency Institute (Founding Member)
National Bankruptcy Conference
National Conference of Bankruptcy Judges
Bar Memberships
Utah; U.S. Court of Appeals, 10th Circuit; New York;
U.S. Supreme Court; U.S. Court of Appeals, 4th Circuit; U.S. Court of Appeals, 3rd Circuit; U.S. Court of Appeals, 5th Circuit