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J.S.D. Graduate Publishes in Prestigious American Bankruptcy Institute Law Review

April 16, 2014

J.S.D. graduate Dr. Richard Gendler publishes in prestigious American Bankruptcy

In October 2013 Dr. Richard Gendler successfully defended his J.S.D. dissertation titled ‘Home Mortgage Cramdown in Bankruptcy’ before a four member academic panel to become Thomas Jefferson School of Law’s second doctoral graduate. “Now I am pleased to announce that the American Bankruptcy Institute Law Review has accepted for publication an abridged version of Dr. Gendler’s J.S.D. dissertation – due to be released in print in June 2014,” said Associate Dean Professor William Byrnes.

“The American Bankruptcy Institute Law Review is unquestionably among the most respected scholarly bankruptcy publications, and one of the nation’s premier bankruptcy resources. With a circulation of over 12,000, the American Bankruptcy Institute Law Review has the largest breadth of distribution of any bankruptcy law review,” said Professor Byrnes.  In 2009, Dr. Gendler earned his LL.M. at TJSL.

“I am thrilled that the American Bankruptcy Institute Law Review has accepted my study for publication,” exclaimed Dr. Gendler. “I give thanks to my J.S.D. supervisor, Professor Katherine Porter of the University of California Irvine School of Law for the extraordinary encouragement and support she gave me to realize this milestone, as well as Professor Mary Jo Wiggins of the University of San Diego School of law, Professor Jean Braucher of the University of Arizona School of Law, and Assistant Dean Arnold Rosenberg of California Western School of Law.”

Dr. Gendler’s dissertation examined the ways in which the current bankruptcy law’s prohibition against a judicially ordered homestead mortgage modification served as a hindrance to an effective response to this nation’s recent foreclosure crisis. “In this regard,” said Professor Byrnes, “his original empirical study illustrated the shortcomings of the present bankruptcy system as a home-saving mechanism for underwater homeowners.”

“I examined all the Chapter 13 cases filed in the Southern District of Florida in April 2009, comparing the effectiveness of underwater principal residence mortgage cures to other cases that proposed permissible non-homestead court-ordered mortgage modifications,” said Dr. Gendler.  “I concluded that of the various forms of relief afforded to Chapter 13 homeowners, a principal residence underwater mortgage cure proved least effective.”

“Dr. Gendler’s findings suggest that removing the bankruptcy prohibition against judicially ordered homestead mortgage modifications would substantially improve a bankrupt homeowner’s probability of saving a home from foreclosure,” said Professor Byrnes. “Dr. Gendler’s article advocates for amending the Bankruptcy Code to remove the restriction against a bankruptcy court ordering a principal residence mortgage modification.”

“Dr. Gendler will be presenting his doctoral topic and sharing his research experience with the 2014 LL.M. graduates on the evening of May 16, before he walks across the stage to pick up his degree certificate on May 17,” Associate Dean Byrnes added. “We welcome JD students interested in bankruptcy to join us to meet Dr. Gendler.” There will be an opportunity to meet  Dr. Gendler on May 16, 2014 at 5 p.m. on the TJSL campus. If you are interested please RSVP to Jo Peters at

“I look forward to finally meeting Associate Dean Byrnes in person after all these years and countless hours of virtual communication,” said Dr. Gendler. “I am thankful that he pioneered the virtual format and provided the continuous encouragement that has allowed me to make an academic impact in the field of bankruptcy.”

About Dr. Richard Gendler: Over the years Dr. Gendler has been interviewed by all of the local South Florida major television networks, including ABC Channel 10, NBC Channel 6, CBS Channel 4, Fox Channel 7, Telemundo Channel 51 and Telemiami Channel 22. His commentaries have also been cited to in the Miami Herald, EL Nuevo Herald, Fort Lauderdale Sun Sentinel, New Times, and the St. Augustine Record.

Dr. Gendler’s bar admissions include the Florida Bar, the United States District Court for the Southern District of Florida, the United States Bankruptcy Court for the Southern District of Florida, the Eleventh Circuit Court of Appeals, and the United States Tax Court.

Dr. Gendler is licensed by the State of Florida as a 2-15 life, health and variable annuity agent and is certified as a Master Financial Planner by the American Academy of Financial Management. Dr. Gendler is also an appointed title insurance agent for the Old Republic Title Insurance Company.