Lois R. Lupica

Professor Lois R. Lupica is a nationally recognized scholar in the areas of consumer and commercial credit and bankruptcy law. She is currently one of three Principal Investigators of the Consumer Financial Distress Research Study (together with Jim Greiner of Harvard Law School and Dalié Jiménez of University of Connecticut Law School), a randomized control trial examining the efficiency of the small claims court system, the consequences of various legal intervention programs and the value of financial education.

She was the Principal Investigator for The Consumer Bankruptcy Fee Study, and The Consumer Bankruptcy Creditor Distribution Study, landmark research that examined the changes in 2005 to Bankruptcy Code, and how those changes impacted creditors, debtors, trustees and lawyers. Courts and bankruptcy practitioners are using the results of the study to help improve the fairness and efficiency of the system. She recently received awards from the National Science Foundation, the American Bankruptcy Institute Anthony H.N. Schnelling Endowment and the National Conference of Bankruptcy Judges Endowment for Education to fund her Study. In 2012 Professor Lupica was inducted as a Fellow in the American College of Bankruptcy, an honor in recognition of her professional excellence and exceptional contributions in the fields of bankruptcy and insolvency.

Professor Lupica is actively involved in numerous professional and academic organizations. She was elected in 2014 to the Board of Directors of the American Bankruptcy Institute, and serves on the Advisory Board for the American Bankruptcy Institute Law Review, as well as for The Journal of Bankruptcy Law & Practice. Professor Lupica served as Co-reporter (with Professor Nancy Rapoport) to the ABI National Ethics Task Force, where she worked to develop proposals to address ethics issues encountered by bankruptcy professionals and judges. The Ethics Task Force released a report in 2013 that provides recommendations for uniform ethical standards in bankruptcy practice. Professor Lupica also served as Special Counsel in the Bankruptcy & Restructuring section of Thompson & Knight LLP from 2008 to 2013.

At Maine Law, Professor Lupica teaches Bankruptcy, Secured Transactions, and Negotiation. Prior to joining Maine Law, Professor Lupica was a Clinical Professor at Seton Hall University School of Law, where she developed a transactional clinical program that represented non-profit affordable housing developers in connection with their business and real estate transactions. She was in private practice from 1987 to 1992, working on domestic and international transactions at the law firms of Arnold & Porter and White & Case in New York City.

Professor Lupica is an active speaker and commentator in the field of bankruptcy law, consumer credit and legal ethics. As a graduate of a Le Cordon Bleu intensive French regional cooking program, and a member of the Art Student League, she makes extensive use of her talents as an amateur chef and encaustic painter.

Selected Publications

The Consumer Bankruptcy Creditor Distribution Study: Final Report (2013) [PDF]

Access to Justice: A Randomized Control Trial Study of Credit Counseling, Legal Representation and Debt Collection Practices, 21 GEO. J. ON POVERTY L. & POL’Y (2013) (with D. Jiménez et. al.). [SSRN]

The Consumer Bankruptcy Fee Study: Final Report, 20 AM. BANKR. INST. L. REV. 17 (2012). [SSRN]

Credit Rating Agencies, Structured Securities, and the Way Out of the Abyss, 28 REV. BANKING & FIN. L. 639 (2009). [SSRN]

The Consumer Debt Crisis and the Reinforcement of Class Position, 40 LOY. U. CHI. L.J. 557 (2009). [SSRN]

Additional Publications

The Costs of BAPCPA: Report of the Pilot Study of Consumer Bankruptcy Cases, 18 AM. BANKR. INST. L. REV. 43 (2010). [SSRN]

A Study of Consumers’ Post Discharge Finances: Struggle, Stasis, or Fresh Start? 16 AM. BANKR. INST. L. REV. 283 (2008) (with Jay L. Zagorsky, Ph.D.). [SSRN]

Legislative Messaging and Bankruptcy Law, 67 U. PITT. L. REV. 497 (2006) (with Karen Gross & Kathryn R. Heidt). [PDF]

The Impact of Revised Article 9, 93 KY. L.J. 867 (2005). [SSRN]

Professional Responsibility Redesigned: Sparking a Dialogue between Students and the Bar, 29 J. LEGAL PROF. 71 (2005).

The Effect of Bankruptcy upon a Firm using Patents and Trademarks as Collateral, Symposium, 41 IDEA 585 (2002).

Revised Article 9, the Proposed Bankruptcy Code Amendments and Securitizing Debtors and Their Creditors, Symposium, 7 FORDHAM J. CORP. & FIN. L. 321 (2002). [PDF]

Revised Article 9, Securitization Transactions and the Bankruptcy Dynamic, Symposium, Revised Article 9 in Bankruptcy, 9 AM. BANKR. INST. L. REV. 287 (2001). [SSRN]

The Technology-Rich “Dot-Com” in Bankruptcy: The Debtor as Owner of Intellectual Property, Symposium, Financing the Enterprises on the Internet, 53 ME. L. REV. 361 (2001). [PDF]

Circumvention of the Bankruptcy Process: The Statutory Institutionalization of Securitization, 33 CONN. L. REV. 199 (2000). [SSRN]

Transition Losses in the Electric Power Market: A Challenge to the Premises Underlying the Arguments for Compensation, 52 RUTGERS L. REV. 649 (2000). [SSRN]

Asset Securitization: The Unsecured Creditor’s Perspective, 76 TEX. L. REV. 595 (1998). [SSRN]