ABI Podcast: Recent Episodes
ABI
Hon. Christopher S. Sontchi, an International Judge of the Singapore International Commercial Court and a former Chief Judge of the U.S. Bankruptcy Court for the District of Delaware, where he served for 16 years, talks with ABI Executive Director Amy Quackenboss about moments that helped shape his incredible restructuring career — and provides tips to new practitioners entering the industry.
The latest episode of ABI's "Party in Interest" podcast features ABI Executive Director Amy Quackenboss talking with Tara Twomey, the director of the Executive Office for U.S. Trustees (EOUST). How did Twomey develop a passion for consumers and businesses being able to access a financial fresh start in bankruptcy? What steps led her to a career in the restructuring industry? What does she do to decompress? Find out the answers to these questions and more on the latest episode!
The latest episode of the ABI Business Reorganization Committee’s “Unordinary Course” podcast series features host Lee Pacchia of ICR talking with Mark Podgainy, a managing director at Getzler Henrich & Associates LLC, about the financial and operational challenges facing institutions of higher education.
The latest episode of ABI's "Party in Interest" podcast features ABI Executive Director Amy Quackenboss talking with Melissa B. Jacoby, the Graham Kenan Professor of Law at the University of North Carolina at Chapel Hill and soon to be a visiting professor at Harvard Law School in the fall. ABI’s Resident Scholar for the spring 2016 semester, Prof. Jacoby recently released her first book, Unjust Debts, which received a starred review from Publisher’s Weekly and made the Financial Times’ best economics books list.
Host Lee Pacchia of ICR talks with James Doak, the head of Miller Buckfire, a Stifel company, to discuss current trends in the retail industry and what to expect going forward.
ABI's newest podcast features a conversation between the author, Gordon Z. Novod of Grant & Eisenhofer, and editor, Rosa Evergreen of Arnold & Porter, of ABI’s newest publication, Driving the Recovery Bus: Augmenting Creditor Recoveries Through Claims Brought by a Litigation Trustee. Listen to Novod and Evergreen provide insights on the issues at play in Driving the Recovery Bus, the audiences the book was intended for and the process of how it was written.
Latest "Unordinary Course" PodcastProf. Kevin Kaiser of the University of Pennsylvania's Wharton School of Business joins host Lee Pacchia of ICR on the latest edition of "Unordinary Course" to take a closer look at the intersection of private equity and restructuring, and the recent spike in private-equity-backed companies filing for chapter 11.
Kara E. Casteel of ASK LLP and Luke Murley of Saul Ewing LLP join hosts Edward L. Schnitzer of Womble Bond Dickinson LLP (New York) and Connor Bifferato of The Bifferato Firm (Wilmington, Del.), co-chairs of ABI's Mediation Committee, to discuss a host of key mediation topics. Click here to listen.
The latest episode of ABI’s "Unordinary Course" podcast, brought to you by ABI's Business Reorganization Committee, features Lee Pacchia of ICR Inc. (New York) talking with Frank Pometti of AlixPartners, LLP (New York) about the ongoing turmoil and challenges in the digital media space, and where the industry might be headed in the future.
The latest episode of the ABI Mediation Committee’s "Reframing Mediation" podcast features an informative debate on four key issues in mediation practice. Listen as ABI Mediation Committee Co-Chairs Edward L. Schnitzer of Womble Bond Dickinson LLP (New York) and Connor Bifferato of The Bifferato Firm (Wilmington, Del.) volley viewpoints on the following issues: - Remote vs. In-Person Mediation - Joint Caucuses vs. Private Sessions Only- Openings vs. No Openings- The Role of Mediators to Be ‘Evaluative’ vs. ‘Facilitative’ The points debated in the podcast are the personal views of the hosts for informative purposes only and not the official positions of their respective firms or ABI.
The latest episode of ABI's "Party in Interest" podcast features ABI Executive Director Amy Quackenboss talking with Chad Van Horn, the founding partner of Van Horn Law Group, P.A. in Fort Lauderdale, Fla. An ABC board-certified attorney and member of ABI’s 2022 “40 Under 40” class, Van Horn recently appeared as Player 286 on the popular Netflix reality show “Squid Game: The Challenge” and says he would have donated the $4.56 million in prize money to Big Brothers Big Sisters (he finished out the game as one of the top 10 contestants). Find out more about Van Horn's drive to succeed in both representing clients in the courtroom and competing in “Squid Game.”
The latest episode of ABI's "Party in Interest" podcast features ABI Executive Director Amy Quackenboss talking with David M. Tanabe, an associate with Winthrop & Weinstine in Minneapolis who played for nine years in the National Hockey League before an injury forced him into early retirement. Find out about Tanabe's drive to transition from professional hockey to law, the mentors that assisted in his transition, and the lessons he’s gleaned from the ice rink that he applies in the courtroom.
The latest episode of "Unordinary Course," brought to you by ABI's Business Reorganization Committee, examines key events in SVB's demise, regional banking distress last year and the current state of the American banking sector. Host Lee Pacchia of ICR (New York) talks with Marshall S. Huebner, co-head of restructuring at Davis Polk & Wardwell LLP (New York) and counsel to the ad hoc group of SVB's senior noteholders. Huebner gave a presentation in November at the New York State Bar Association’s 2023 Corporate Counsel Institute titled, "Silicon Valley Bank: A Tragedy in Three or Four Chapters."
ABI Executive Director Amy Quackenboss talks with Rachel Albanese, co-chair of DLA Piper's U.S. Restructuring practice and a partner in the firm’s New York office. In addition to her more than 20 years of restructuring experience that has included a wide range of chapter 11 cases, cross-border insolvencies and Puerto Rico's restructuring efforts, she is integral to a number of ABI initiatives, including ABI's Task Force on Veterans and Servicemembers Affairs. Find out more about the efforts that are important to Rachel and those that inspired her for all these important endeavors.
The final installment of a series of TechBytes podcasts looking at cryptocurrency and bankruptcy provides key insights and takeaways that practitioners may encounter in these cases. Join Patricia K. Burgess of Frost Brown Todd LLP (Nashville, Tenn.), the Special Projects Leader of ABI's Emerging Industries and Technology Committee, as she talks with John S. Wagster, who leads Frost Brown Todd's Technology Industry Team (Nashville, Tenn.); Jordan S. Blask, the partner-in-charge at Frost Brown Todd's Pittsburgh office; and Jared M. Tully, who is vice chair of Frost Brown Todd's Business Litigation Practice Group and serves as the team leader for the firm’s Community Bank and Financial Institutions Team, as they provide their perspectives on cryptocurrency bankruptcy cases.
ABI's Business Reorganization Committee is proud to launch "Unordinary Course," a podcast series that aims to unpack current events and emerging trends in the restructuring industry. The inaugural episode features hostLee Pacchia of ICR talking with Karol Denniston of Squire Patton Boggs about trends and issues surrounding industrial policy, and why practitioners should take note.
This is the third and final installment of a series of TechBytes podcasts that looks at cryptocurrency and bankruptcy. On this episode, Patricia K. Burgess of Frost Brown Todd LLP (Nashville, Tenn.), the Special Projects Leader of ABI's Emerging Industries and Technology Committee, talks withJohn S. Wagster, who leads Frost Brown Todd's Technology Industry Team (Nashville, Tenn.); Jordan S. Blask, the partner-in-charge at Frost Brown Todd's Pittsburgh office; and Jared M. Tully, who is vice chair of Frost Brown Todd's Business Litigation Practice Group and serves as the team leader for the firm’s Community Bank and Financial Institutions Team. They discuss issues surrounding fiduciary duties in cryptocurrency bankruptcy cases.
Lee Pacchia of ICR (New York) interviewed members of ABI's Health Care Committee to discuss the health care trends that shaped 2023, what they expect for 2024, and upcoming events that practitioners should note on their calendars to help prepare for the year ahead. Pacchia was joined by Health Care Committee Co-Chair Cynthia Romano of FTI Consulting, Inc. (Palm Beach Gardens, Fla.), Committee Special Projects Leader Clare Moylan of Gibbins Advisors (Nashville, Tenn.) and David Gordon of Polsinelli (Atlanta). The conversation weaves through 2023 trends, 2024 expectations and upcoming events, including the health care panel at this week’s 2023 Winter Leadership Conference, a special abiLIVE on Dec. 11 being moderated by Moylan, health care programming at the 2024 ABI Annual Spring Meeting and ABI's 2024 Health Care Conference in Nashville in October.
In the inaugural "Fresh Start" podcast of ABI's Young and New Members Committee, Gabrielle G. Palmer of Onsager Fletcher Johnson Palmer LLC (Denver), the committee’s Special Projects Leader, talks with Karlene Archer, compliance manager of Skylight Lending, about issues and strategies concerning work/life balance for young professionals.
This is the second in a series of TechBytes podcasts that looks at cryptocurrency and bankruptcy. On this episode, Patricia K. Burgess of Frost Brown Todd LLP (Nashville, Tenn.), the Special Projects Leader of ABI's Emerging Industries and Technology Committee, talks with John S. Wagster, who leads Frost Brown Todd's Technology Industry Team (Nashville, Tenn.), and Jared M. Tully, who is vice chair of Frost Brown Todd's Business Litigation Practice Group and serves as the team leader for the firm’s Community Bank and Financial Institutions Team. They discuss the ways in which the law is and isn't developing to meet the unique needs of crypto assets.
The latest episode of ABI's "Party in Interest" podcast features ABI Executive Director Amy Quackenboss talking with Kenneth R. Feinberg, one of the nation’s leading experts in alternative dispute resolution. Currently the court-appointed mediator in both the Imerys/Cyprus talc bankruptcy case in Delaware, and the Honx asbestos bankruptcy case in Texas, Feinberg's distinguished career includes previously having served as Special Master of the 9/11 Victim Compensation Fund, the Department of Justice Victims of State-Sponsored Terrorism Fund, the Department of Justice Boeing 737 Max Crash Victim Beneficiaries Compensation Fund and many other high-profile complex disputes over the past 40 years.
This is the first in a series of TechBytes podcasts that will look at cryptocurrency and bankruptcy. On this episode, Patricia K. Burgess of Frost Brown Todd LLC (Nashville, Tenn.), the Special Projects Leader of ABI's Emerging Industries and Technology Committee, talks with John Wagster, who leads Frost Brown Todd's Technology Industry Team. With his focus on technology-related commercial agreements with a particular interest in blockchain technology and cryptocurrencies, Wagster provides a brief primer on cryptocurrency and discusses some of the issues that arise in bankruptcy proceedings.
Ian Williams of Williams Consulting International (London), the program chair of ABI's International Insolvency & Restructuring Symposium, recently joined ABI Executive Director Amy Quackenboss on a “Party in Interest” podcast that was taped live and followed by an ABI Virtual Happy Hour. Williams discusses his growth in ABI from overseas, some of his favorite conference memories, and what he is excited about for this year's International Insolvency & Restructuring Symposium, being held in Lisbon, Portugal, Nov. 2-3.
The latest episode of the "Reframing Mediation" podcast features ABI Mediation Committee Co-Chairs Edward L. Schnitzer of Womble Bond Dickinson LLP (New York) and Connor Bifferato of The Bifferato Firm (Wilmington, Del.) discussing the hot-button topic of mediation and bad faith.
The latest “Party in Interest” podcast features ABI Executive Director Amy Quackenboss talking with ABI President-Elect Chris Ward, chair of Polsinelli's Bankruptcy and Restructuring practice and managing shareholder of the firm’s Delaware office. Ward discusses how his career path turned toward bankruptcy, ways he decompresses when he’s not working, and his reputation as a snappy dresser.
ABI Editor-at-Large Bill Rochelle discusses the Supreme Court's opinion in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin with Prof. Jack F. Williams of Georgia State University College of Law (Atlanta) and Thomas Salerno of Stinson LLP (Phoenix). The Court held that the Bankruptcy Code unequivocally abrogates the sovereign immunity of all governments, including federally recognized Indian tribes.
ABI Podcast Episode 250, Mediation Episode 001
ABI Mediation Committee Co-Chairs Edward L. Schnitzer of Montgomery McCracken Walker & Rhoads LLP (New York) and Connor Bifferato of The Bifferato Firm (Wilmington, Del.) recently launched ABI’s "Reframing Mediation" podcast to highlight interesting case law and trends in mediation. On this inaugural episode, Ed and Connor tackle the topic of confidentiality.
ABI's latest "Party in Interest" podcast features a conversation between ABI Executive Director Amy Quackenboss and the co-chairs of ABI's Subchapter V Task Force, Bankruptcy Judge Michelle Harner (D. Md.; Baltimore) and Megan Murray of Underwood Murray (Tampa, Fla.). Learn more about how Judge Harner and Murray became passionate about small business matters, their overall impressions of how subchapter V helps small business debtors, and what the task force’s work will entail.
ABI Executive Director Amy Quackenboss talks with ABI President Soneet R. Kapila of KapilaMukamal, LLP (Fort Lauderdale, Fla.) for the inaugural edition of ABI's "Party in Interest" podcast. The "Party in Interest" series highlights extraordinary members of our community for their contributions to key bankruptcy developments, initiatives to push the practice forward and/or passion for a cause or activity outside the office. Kapila, who is of East Indian origin and was born in Kenya, shares the story of his life and career that has led him to be one of the most respected figures in the restructuring community. The podcast was recorded live at the start of a “Kick-Off to Summer” ABI Virtual Happy Hour.
The second TechBytes podcast features ABI Emerging Industries and Technology Committee communications manager Tara J. Schellhorn of Riker, Danzig LLP (Morristown, N.J.) talking with Prof. Juliet M. Moringiello, Associate Dean for Academic Affairs at Widener University Commonwealth Law School (Harrisburg, Pa.). Schellhorn and Moringiello discuss digital assets and proposed Uniform Commercial Code amendments aimed at bringing the (UCC) into the digital age by providing commercial law rules for a new category of transactions: the transfer and leveraging of virtual currencies and certain other digital assets.
Held in conjunction with Sheppard Mullin's "Restructure This!" podcast, this special ABI podcast features Bankruptcy Judges Marvin Isgur and David R. Jones of the U.S. Bankruptcy Court for the Southern District of Texas (Houston) discussing a number of important issues, such as third-party releases and venue reform, with host Justin Bernbrock, a partner at Sheppard Mullin. Click below to listen.
For previous episodes of ABI's podcasts, please click here. [https://www.abi.org/newsroom/podcasts] To listen to previous episodes of Sheppard Mullin's "Restructure This!" podcast, please click here. [https://www.sheppardmullin.com/podcasts-restructure-this-podcast]
Latest ABI Podcast: Former ABI Executive Director Sam Gerdano Discusses His Transition from the Hill, the Growth of ABI and the Enactment of the Small Business Reorganization Act
A special two-part podcast features ABI Editor-at-Large Bill Rochelle talking with former ABI Executive Director Sam Gerdano, an alumnus of Syracuse University, about his move from Capitol Hill to ABI, the growth of ABI as an organization, the enactment of the “Small Business Reorganization Act” and what may be on the horizon in Congress. Gerdano's reflections on his career were featured in the Bankruptcy Symposium edition of the Syracuse Law Review (scroll to "Book 2: Bankruptcy Symposium 2020-2021"). In addition to Gerdano's oral history, the edition features articles by many ABI members on key bankruptcy issues. Sen. Grassley also provided a foreword for the
Part I: Former ABI Executive Director Sam Gerdano Discusses His Career Arc Toward Bankruptcy, His Time on the Hill and the Enactment of Chapter 12
A special two-part podcast features ABI Editor-at-Large Bill Rochelle talking with former ABI Executive Director Sam Gerdano, an alumnus of Syracuse University, about his career arc toward bankruptcy, chapter 12, how ABI has grown as an organization, and what bankruptcy policies he sees on the horizon for congressional consideration. The first podcast, accessible below, features Sam's insights on his move toward bankruptcy policy, his time on the Hill in Sen. Charles Grassley's (R-Iowa) office, and the enactment of chapter 12.
Gerdano's reflections on his career were featured in the Bankruptcy Symposium edition of the Syracuse Law Review (scroll to "Book 2: Bankruptcy Symposium 2020-2021"). In addition to Gerdano's oral history, the edition features articles by many ABI members on key bankruptcy issues. Sen. Grassley also provided a foreword for the edition.
https://lawreview.syr.edu/
Legislative measures throughout 2020 were aimed at providing economic stability to meet the challenges of the financial distress caused by the COVID-19 pandemic, and December saw a flurry of activity that resulted in the Combined Consolidated Appropriations Act of 2021. The $2.3 trillion spending bill combined $900 billion in stimulus relief for the COVID-19 pandemic with a $1.4 trillion omnibus spending bill for the 2021 federal fiscal year. The bill passed both chambers of Congress on Dec. 21 and was signed into law by the President on December 27. Within the nearly 5,600 pages of this bill were important changes to the Bankruptcy Code. In this podcast, ABI Consumer Committee Co-Chair Christopher L. Hawkins of Bradley Arant Boult Cummings LLP (Birmingham, Ala.) discusses the changes with Charissa Potts of Freedom Law, PC (Eastpointe, Mich.) and John Rao of the National Consumer Law Center (Boston).
Legislative measures throughout 2020 were aimed at providing economic stability to meet the challenges of the financial distress caused by the COVID-19 pandemic, and December saw a flurry of activity that resulted in the Combined Consolidated Appropriations Act of 2021. The $2.3 trillion spending bill combined $900 billion in stimulus relief for the COVID-19 pandemic with a $1.4 trillion omnibus spending bill for the 2021 federal fiscal year. The bill passed both chambers of Congress on Dec. 21 and was signed into law by the President on December 27. Within the nearly 5,600 pages of this bill were important changes to the Bankruptcy Code. In this podcast, ABI Legislation Committee Co-Chair Ferve Khan of BakerHostetler (New York) discusses the changes with Tiffany Payne Geyer of BakerHostetler (Orlando) and Tom Salerno of Stinson LLP (Phoenix).
ABI Editor-at-Large Bill Rochelle talks with Susan N.K. Gummow of Foran Glennon (Chicago) about key issues confronting bankruptcy and insurance jurisprudence. Gummow is the author of the recently released Bankruptcy and Insurance Law Manual, Fourth Edition, and discusses key scenarios, strategies and cases at the intersection of bankruptcy and insurance law.
ABI Editor-at-Large Bill Rochelle spoke with experts about the June 1 decision by the Supreme Court that the appointment of the Puerto Rico Oversight Board did not violate the Appointments Clause. Prof. Stephen Lubben, the Harvey Washington Wiley Chair in Corporate Governance & Business Ethics at Seton Hall (Newark, N.J.); Prof. Juliet Moringiello, Associate Dean for Research and Faculty Development and Professor of Law at Widener University Commonwealth Law School (Harrisburg, Pa.); and Zachary Smith of Moore & Van Allen (Charlotte, N.C.), who has been involved in restructuring matters pertaining to Puerto Rico, joined Rochelle to examine the decision.
The latest ABI Podcast features an engaging discussion between Stinson LLP's Tom Salerno and ABI Editor-at-Large Bill Rochelle. Salerno reviews some of the predictions he provided in a commentary in March about the financial crisis due to the COVID-19 pandemic, and discusses how his recent publications (Pre-Bankruptcy Planning for the Commercial Reorganization, 3rd Edition and Acquisitions from Financially Distressed Companies) can assist practitioners during these uncertain times.
ABI's latest podcast features members of ABI's Commission on Consumer Bankruptcy discussing recommendations from the Final Report to expand chapter 13’s debt limit and create a chapter 13 reserve fund. Commissioner and chapter 13 trustee Henry Hildebrand (Nashville, Tenn.) moderates the discussion with Jenny L. Doling of J. Doling Law, PC (Palm Desert, Calif.) and Prof. Angela Littwin of the University of Texas at Austin School of Law, who were both members of the Commission's Chapter 13 Advisory Committee.
ABI Executive Director Sam Gerdano talks with Prof. Anne Fleming of Georgetown University Law (Washington, D.C.), author of City of Debtors: A Century of Fringe Finance. In City of Debtors, Prof. Fleming explores the origins, growth and regulation of small-dollar lending institutions in the U.S. over the twentieth century. Listen to the discussion about the book and issues surrounding small-dollar loans.
ABI Endowment-Funded Research that Found Individuals with Gap in Medical Coverage More Than Twice as Likely to File for Bankruptcy - Ep. 234.
ABI Consumer Committee Co-Chair Jon Jay Lieberman of Sottile & Barile LLC (Loveland, Ohio) talks with Profs. Brook E. Gotberg of the University of Missouri School of Law (Columbia, Mo.) and Michael D. Sousa of the University of Denver Sturm College of Law (Denver) about their research finding that individuals who experienced a gap in medical care coverage over a two-year period were roughly twice as likely to file for bankruptcy as those who retained continuous coverage. Their research appeared in the Summer 2019 edition of the ABI Law Review and was funded in 2016 by ABI's Anthony H.N. Schnelling Endowment. Profs. Gotberg and Sousa detail their research, which examined data from a national survey of adults from 2004 through 2014 that indicates that the principal predictor of consumer bankruptcy is a lapse in medical insurance coverage.
Members of ABI's Consumer Commission Discuss Recommendations on Discharge Violations, Attorney Competency and Lawyer Misconduct
ABI's latest podcast features members of ABI's Commission on Consumer Bankruptcy discussing recommendations from the Final Report looking at remedies for discharge violations, attorney competency and remedying lawyer misconduct. Commissioner Rudy Cerone of McGlinchey Stafford, PLLC (New Orleans) moderates the discussion with fellow Commissioners Tara Twomey of the National Consumer Law Center (San Jose, Calif.) and Richardo Kilpatrick of Kilpatrick & Associates, P.C. (Auburn Hills, Mich.), and Karen Cordry of the National Association of Attorneys General (Washington, D.C.), who was a member of the Chapter 7 Advisory Committee.
Members of ABI's Commission on Consumer Bankruptcy discuss the recommendations in the Final Report focused on the Code's credit counseling and financial management course requirements, and means test provisions. The Commission's recommendations address provisions established by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) that made obtaining the financial fresh start of bankruptcy more challenging for consumer debtors. Bankruptcy Judge (ret.) Randall Dunn moderates the discussion with John Rao of the National Consumer Law Center, Ariane Holtschlag of the Law Office of William J. Factor, Ltd. and Wendell Sherk of SkerkLaw.
The latest ABI Podcast features members of ABI's Commission on Consumer Bankruptcy providing insights on the Commission's recommendations on student loans and bankruptcy, the first topic addressed in its Final Report. Prof. Robert M. Lawless of the University of Illinois College of Law (Champaign, Ill.), the Commission's Reporter, hosts the discussion with Commissioners Prof. Dalié Jiménez of the University of California, Irvine School of Law, Prof. Bruce Markell of Northwestern University Pritzker School of Law (Chicago) and Edward C. Boltz, a partner at the Law Offices of John T. Orcutt, P.C. (Durham, N.C.). In addition to providing the background for how the Commission arrived at the recommendations, the Commissioners discuss how the recommendations could be considered by Congress and currently applied in the courts.
ABI Editor-at-Large Bill Rochelle talks with Bankruptcy Judge Kevin Carey (D-Del.; Wilmington), Paul Hage of Jaffe Raitt Heuer & Weiss (Southfield, Mich.) and Lindsay Milne of Bernstein Shur (Portland, Maine) about the Supreme Court's decision in Mission Product Holdings Inc. v. Tempnology, LLC (17-1657). On May 20, the Court held that rejection of an executory trademark license does not bar the licensee from continuing to use the mark. Ms. Milne represented the party that prevailed in the Supreme Court.
Elaborating on their ABI Journal article "Too Broke for a Fresh Start" about chapter 7 being too expensive for those in need, Bankruptcy Judge Henry Callaway (S.D. Ala.; Mobile) and Jonathan Petts of Upsolve (New York) talk with former ABI Resident Scholar Prof. Drew Dawson of the University of Miami School of Law about why chapter 7 is less accessible to those in need. They also discuss potential technological, policy and administrative solutions that could help make chapter 7 more accessible to low-income debtors.
ABI Executive Director Sam Gerdano talks with Jay Bender of Bradley Arant Boult Cummings LLP (Birmingham, Ala.), Kristina M. Stanger of Nyemaster Goode, P.C. (Des Moines, Iowa) and John H. Thompson of McGuireWoods LLP (Washington, D.C.) about proposals to equalize the means test treatment for veterans who seek chapter 7 relief. Bender, Stanger and Thompson, who are part of the legislative committee of ABI's Veterans' Task Force, talk about the problem of including VA disability payments as income and efforts to correct this disparity in the Code, such as the HAVEN Act.
ABI Deputy Executive Director Amy Quackenboss talks with authors Lisa Bittle Tancredi of Gebhardt & Smith LLP (Baltimore) and Mark A. Gittelman of PNC Bank (Philadelphia) about their new book Navigating Banking in Bankruptcy: A Guidebook. Tancredi and Gittelman provide an overview of the topics covered in the book, which offers practical guidance to bankers, company financial officers and legal professionals on issues that arise at the intersection of banking and bankruptcy.
ABI Executive Director Sam Gerdano talks with David Fisher of Integra Ledger (Denver) and Laura Jehl of BakerHostetler (Washington, D.C.). Both Fisher and Jehl will be speaking at ABI's Winter Leadership Conference on panel sessions examining blockchain, cybersecurity and litigating new financial industry issues in bankruptcy. Listen to their podcast discussion of opportunities and challenges in emerging legal technologies.
ABI Executive Director Sam Gerdano talks with Suzanne A. Koenig of SAK Management Services LLC (Riverwoods, Ill.) and Nancy A. Peterman of Greenberg Traurig, LLP (Chicago) about health care distress and a special ABI program in January focused on the topic. Koenig and Peterman are both chairs of ABI's “Disruption, Consolidation and Innovation in the Health Care Industry” Program taking place January 17 at Georgetown University Law Center. They discuss the program's focus on the delivery of health care, private equity’s takeover of the industry, the rationing of health care services and reimbursements, and more.
ABI Executive Director Sam Gerdano talks with Prof. Michael D. Sousa of the University of Denver's Sturm College of Law about his recent analytical look at the stigma of bankruptcy. Sousa published the lead article in the Summer 2018 edition of the ABI Law Review, “The Persistence of Bankruptcy Stigma,” which presented his findings that the stigma surrounding personal bankruptcy has actually increased, not decreased, over time.
ABI Editor-at-Large Bill Rochelle talks with Bankruptcy Judge Michael Kaplan (D. N.J.; Trenton) and ABI President-Elect Alane Becket of Becket and Lee (Malvern, Pa.) to examine the Supreme Court's opinion in Lamar, Archer & Cofrin, LLP v. Appling (16-1215). The Supreme Court on June 4 resolved a split of circuits by holding that a false statement about one asset must be in writing to provide grounds for rendering a debt nondischargeable under Section 523(a)(2).
ABI Executive Director Sam Gerdano talks with ABI President Ted Gavin of Gavin/Solmonese LLC (Wilmington, Del.) and John Ames of Bingham Greenebaum Doll LLP (Louisville, Ky.), a former ABI President), about ABI's new Veterans' Affairs Task Force. Gavin announced the formation of the Task Force in his speech when he became ABI President at the 2018 Annual Spring Meeting in April. Providing more details on the formation of the Task Force, which also includes former ABI President John Penn of Perkins Coie (Dallas) and former ABI Resident Scholar Jack Williams and Susan Seabury of Baker Tilly (Atlanta), Gavin and Ames discuss what the Task Force aims to accomplish — and ways that ABI members can help.
ABI Executive Director Sam Gerdano talks with Prof. Andrew Wolfe of American University's School of International Service about Puerto Rico's latest fiscal developments. Wolfe is currently an advisor to the government of Puerto Rico since retiring in June 2014 from the International Monetary Fund after 27 years, where he was a senior manager of the Western Hemisphere Department. Wolfe, co-author of the "Puerto Rico - Way Forward" report written in 2015, discusses Puerto Rico's current fiscal challenges and potential strategies for the commonwealth's recovery.
ABI Journal Associate Editor Scott K. Brown of Lewis Roca Rothgerber Christie LLP (Phoenix) and J. Scott Bovitz of Bovitz & Spitzer (Los Angeles), the lead contributors to the "Chapter 8 Humor" column in the Journal, discuss the lighter side of bankruptcy and share their amusing insights on the history of and outlook for the column, which originated from a family Christmas card.
Experts Preview Panel on Navigating Liability Claims in Cross-Border Cases - Ep. 215 by ABI
Former ABI Resident Scholar Prof. Drew Dawson of the University of Miami School of Law talks with Ken Epstein, an investment manager and legal counsel at Bentham IMF (New York). Epstein, who will join a panel at the ABI Spring Meeting on the latest uses of litigation finance, talks about some of the effective ways litigation finance can be used in bankruptcy.
The Supreme Court on March 5 ruled in U.S. Bank National Association v. Village at Lakeridge (15-1509) that the Ninth Circuit was right to review the Bankruptcy Court’s determination for clear error (rather than de novo). ABI Editor-at-Large Bill Rochelle talks with former ABI Resident Scholars Prof. Charles Tabb of the University of Illinois College of Law and Prof. Drew Dawson of the University of Miami School of Law about their perspectives on the impact of the Supreme Court's ruling.
The Supreme Court on Feb. 27 ruled in Merit Management Group, LP v. FTI Consulting, Inc. (16-784) that the only relevant transfer for purposes of the §546(e) safe harbor is the transfer that the trustee seeks to avoid. ABI Editor-at-Large Bill Rochelle talks with Prof. Bruce Markell of the Northwestern Pritzker School of Law and Prof. Ralph Brubaker of the University of Illinois College of Law about their perspectives on the impact of the Supreme Court's ruling.
ABI Deputy Executive Director Amy Quackenboss talks with David Cox of Cox Law Group (Lynchburg, Va.) and Elizabeth Gunn of the Office of the Virginia Attorney General (Richmond, Va.) about their new publication, Consumer Bankruptcy: Fundamentals of Chapter 7 and Chapter 13 of the U.S. Bankruptcy Code, Fourth Edition. Cox practices bankruptcy law throughout the Western District of Virginia. Gunn works as the bankruptcy specialist in the Virginia Attorney General's Division of Child Support Enforcement and is a member of ABI's inaugural "40 Under 40" class. The new edition is an update on the fundamentals of consumer bankruptcy proceedings under chapters 7 and 13 of the Code. The authors discuss some of today's most litigated questions and address the current state of consumer bankruptcy law.
As wild fluctuations in cryptocurrency value invites a potential surge in bitcoin-related bankruptcies, a guest on ABI's latest podcast examines how to approach cryptocurrency in fraudulent-transfer litigation. ABI Executive Director Sam Gerdano talks with Alan Rosenberg of Markowitz, Ringel, Trusty + Hartog, PA (Miami), author of the February ABI Journal article "The Cryptocurrency Craze: How to Treat Bitcoins in Fraudulent-Transfer Litigation," about what practitioners should know about bitcoin and potential approaches to fraudulent-transfer litigation involving cryptocurrency.
ABI Deputy Executive Director Amy Quackenboss talks with Christopher A. Ward of Polsinelli (Wilmington, Del.) and Ryan G. Foley of Shook Hardy & Bacon, LLP (Philadelphia) about their new publication, Business Creditor's Guide to Distressed Vendors, Debt Collection and Bankruptcy. Ward, a member of ABI's Board of Directors, and Foley, a member of ABI's inaugural "40 Under 40" class, teamed up to write about options available to help screen a business's customers, plan for worst-case scenarios, and, if the situation does arrive, efficiently handle the financial fallout. The authors discuss strategies for business owners in the event that a major customer files for bankruptcy and leaves behind a large unpaid account receivable.
ABI Executive Director Sam Gerdano speaks with Joseph A. Peiffer of Ag & Business Legal Solutions (Cedar Rapids, Iowa) about a chapter 12 amendment that was enacted into law at the end of October. While incorporated into legislation that dealt with disaster aid and extending bankruptcy judgeships, the amendment clarifies a rule allowing discharge to governmental claims arising from the disposition of farm assets under chapter 12. Peiffer, an attorney with more than 30 years of bankruptcy and agricultural law experience, explains the history of the issue, what the amendment does and how it will impact chapter 12 debtors going forward.
As retail bankruptcy filings continue to climb in 2017, ABI Executive Director Sam Gerdano speaks with Amir Agam of FTI Consulting (Los Angeles) and Bradford J. Sandler of Pachulski Stang Ziehl & Jones (Wilmington, Del.) about the reasons behind the ongoing retail downturn.
ABI Executive Director Sam Gerdano talks with Prof. Robert Lawless, the Reporter for the ABI Commission on Consumer Bankruptcy. Lawless, the Max L. Rowe Professor of Law and co-director of the Program on Law, Behavior & Social Science at the University of Illinois College of Law, provides a recap of Commission activity to date and previews future work by the Commission, including public meetings at NABT's annual conference in New Orleans on Sept. 15 and NCBJ's annual meeting in Las Vegas on Oct. 10.
Former Two-Time ABI Resident Scholar Jack F. Williams, an Adjunct Professor of Law at Georgia State University College of Law, and Susan H. Seabury, both with Baker Tilly Virchow Krause, LLP in Atlanta, discuss gathering business valuation evidence, why various parties might read the evidence in different ways, and how to best overcome challenges in court when admitting valuation evidence.
ABI editor-at-large Bill Rochelle talks with consumer law scholar Prof. Jeff Sovern of St. John’s University School of Law and consumer bankruptcy attorney John R. Bollinger of the Boleman Law Firm about the Supreme Court's June 12 opinion in Henson v. Santander Consumer (No. 16-349). After the court ruled that a debt collector who purchases a debt for its own account is not a debt collector covered by the FDCPA, Sovern and Bollinger examine the potential effects that the decision will have on both debt collectors and consumers.
ABI Resident Scholar Drew Dawson talks with Prof. Chris Odinet of the Southern University Law Center about "marketplace lenders," online firms that utilize automation for underwriting and big data to quickly process loans. Prof. Odinet's new research, "Consumer Bitcredit and Marketplace Lending," looks at how these firms grew out of the void left by banks that exited the consumer and small business lending after the 2008 financial crisis, and the role that they will play in consumer credit going forward.
In a podcast jointly hosted with the National Creditor Bar Association (NARCA), ABI Resident Scholar Andrew Dawson talks with Lauren Burnette of Barron & Newburger, P.C. in Austin, Texas, and consumer attorney Nick Wooten in Auburn, Ala., about the May 15 Supreme Court decision in Midland Funding LLC v. Johnson. Mr. Wooten represented the debtor in the related case of Crawford v. LVNV Funding, and Ms. Burnette co-authored an amicus brief on behalf of the creditor. http://www.abi.org/supreme-court-opinions/midland-funding-llc-v-johnson-no-16-348
Click here to read the decision. https://www.supremecourt.gov/opinions/16pdf/16-348_h315.pdf
ABI Resident Scholar Andrew Dawson talks with Israel Shaked of the Michel-Shaked Group in Boston and Robert F. Reilly of Willamette Management Associates, Inc. in Chicago about the ways in which they have expanded on valuation in the bankruptcy context in the latest edition of their comprehensive guide A Practical Guide to Bankruptcy Valuation, Second Edition — and why the art of valuation is more important than ever in insolvency practice.
ABI Resident Scholar Andrew Dawson talks with Chief Bankruptcy Judge Brendan Shannon (D.Del.; Wilmington) and Prof. Anthony Casey of the University of Chicago Law School about intercreditor and "bad boy" agreements in corporate bankruptcy cases. Prof. Casey is a co-author of "Bankruptcy on the Side," a paper that examines the question of how judges should interpret and enforce side agreements. Judge Shannon, with more than 12 years of experience on the Delaware bench, provides his thoughts on the research and the challenges that these often side agreements present in his courtroom.
Episode - 199
ABI Resident Scholar Prof. Drew Dawson is joined by Prof. Megan McDermott of the University of Wisconsin Law School (Madison) to explore her research of Justice Scalia's "textualist" approach to the Bankruptcy Code and the parallels that Judge Gorsuch has taken in his jurisprudence.
ABI Resident Scholar Drew Dawson talks with Matthew A. Bruckner, Assistant Professor of Law at Howard University School of Law, about his recent research examining the financial struggles of the higher education sector. Bruckner, who recently wrote "Higher Ed ‘Do Not Resuscitate’ Orders" and the "Bankrupting Higher Education" (forthcoming), discusses his thoughts on why all financially distressed colleges, both for-profit and public, should be allowed to reorganized in chapter 11.
ABI Resident Scholar Drew Dawson talks with Neil Steinkamp of Stout Risius Ross (New York) about his recently released Understanding Ordinary: A Primer on Financial and Economic Considerations for the Ordinary Course Defenses to Bankruptcy Preference Actions, 2nd Edition. Steinkamp discusses the new edition of Understanding Ordinary, bankruptcy preference matters and his expertise in the ordinary course of business defense
Episode 196
As there are states without debt restructuring mechanisms for struggling local governments, ABI Resident Scholar Drew Dawson discusses a proposal by Prof. Samir Parikh to encourage recalcitrant state legislatures to enact the structural changes their local governments need. Prof. Parikh discusses his proposal contained within his forthcoming research, "Falling Cities and the Red Queen Phenomenon." Joining Dawson and Parikh to discuss the proposal and research is Marc Levinson of Orrick (Sacramento, Calif.), who was the lead attorney in the chapter 9 filings in Stockton, Calif., and Vallejo, Calif.
ABI Executive Director Amy Quackenboss talks with Prof. Susan E. Hauser of North Carolina Central University School of Law (Durham, N.C.) and attorney Daniel A. Austin (Cranberry Township, Pa.), authors of the recently released Graduating with Debt: Student Loans under the Bankruptcy Code, 2nd Edition. Hauser and Austin, authors of the original edition of Graduating with Debt, provide insights into the new edition and their perspectives on new case law, litigation issues and legislation centered on student loans and bankruptcy.
ABI Executive Director Sam Gerdano talks with Prof. Robert M. Lawless of the University of Illinois College of Law, a co-author of the 2012 study titled "Surrounding Race, Attorney Influence and Bankruptcy Chapter Choice," about the findings of racially disparate uses of chapter 13 bankruptcy. Lawless presented an update of the study's findings in October at the 2016 National Conference of Bankruptcy Judges Annual Meeting, revealing that race continues to be a factor in the chapter choice for debtors, sometimes to their financial detriment, in certain parts of the country.
ABI Editor-at-Large Bill Rochelle and Una O'Boyle, Clerk of the Court for the U.S. Bankruptcy Court for the District of Delaware, talk about the changes to the Federal Rules of Bankruptcy Procedure that are scheduled to take effect on December 1.
Trump's Casino Experience Demonstrates Job and Revenue Losses, According to Legal Scholar - Ep. 192 by ABI
ABI Editor-at-Large Bill Rochelle talks with Prof. Lois Lupica of the University of Maine School of Law and former ABI Resident Scholar about artificial intelligence (AI) in the practice of law. As IBM's "ROSS," the first AI attorney, was hired earlier this year, Lupica discusses the potential ways that AI will change the way that bankruptcy practitioners do business, including document discovery, case predictive software and more.
ABI Executive Director Sam Gerdano talks with John E. Mudd, an attorney and respected legal commentator in Puerto Rico, who has closely followed the territory's debt crisis. He provides insight on the Financial Control Board created by the “Puerto Rico Oversight, Management, and Economic Stability Act” (PROMESA).
ABI Deputy Executive Director Amy Quackenboss talks with Mark Stingley and Michelle Masoner of Brian Cave LLP (Kansas City, Mo.), both authors on ABI's newest publication, How Secure Are You? Secured Creditors in Commercial and Consumer Bankruptcies. The book was written by members of ABI's Secured Credit Committee to provide practitioners with in-depth analysis of the most common concerns in secured claim disputes, including citation to important case law. Stingley and Masoner, both members of the committee, discuss the book and how it is an indispensable guide for anyone whose work involves secured creditor claims.
The latest American Bankruptcy Institute (ABI) podcast features ABI Editor-at-Large Bill Rochelle talking with Prof. Stephen Lubben of Seton Hall University School of Law about the ruling by the U.S. Court of Appeals for the Second Circuit denying General Motors from escaping liability for ignition-switch defects that came to light after its 363 sale, which have since generated nationwide litigation. Prof. Lubben has been following the case and has written extensively on GM’s bankruptcy on both Credit Slips and the New York Times DealBook blog.
ABI Spring 2016 Resident Scholar Melissa Jacoby discusses the Corinthian chapter 11 case with Scott F. Gautier of Robins Kaplan LLP in Los Angeles and Christopher A. Ward of Polsinelli in Wilmington, Del. Both were counsel for a committee of former students of what was once one of the largest for-profit post-secondary educational companies in the U.S. and Canada. The case involves the unusual step of seeking to have the outstanding student loan debt of up to 500,000 former students forgiven.
Former ABI Resident Scholar Melissa Jacoby talks with Prof. Angela K. Littwin of the University of Texas at Austin School of Law about Littwin's research about the relationship between consumer credit and domestic violence. Littwin interviewed domestic violence victims about coerced debt, which occurs when the abuser in a violent relationship obtains credit in the victim's name via fraud or coercion.
ABI Resident Scholar Prof. Melissa Jacoby talks with Michael H. Reed, Special Counsel to Pepper Hamilton LLP (Philadelphia, Pa.). An author of a number of articles on successor liability and a contributor to ABI's forthcoming title examining environmental issues in bankruptcy, Reed discusses important issues and trends related to successor liability in chapter 11
ABI Resident Scholar Prof. Melissa Jacoby talks with Prof. Juliet Moringiello of Widener University Commonwealth Law School about the intersection of Article 9 of the Uniform Commercial Code (UCC) and retail bankruptcies. Moringiello, a former ABI Resident Scholar, provides her perspective on recent retail bankruptcy issues, including consignment arrangements in the Sports Authority case.
ABI Resident Scholar Melissa Jacoby talks with Mark E. Felger of Cozen O’Connor (Wilmington, Del.) and Paul Hage of Jaffe Raitt Heuer & Weiss (Southfield, Mich.) about the challenges that professionals face when representing creditors’ committees. Felger and Hage are co-authors of ABI’s Representing the Creditors' Committee: A Guide for Practitioners, available for purchase in ABI’s Bookstore.
Can a financially distressed government unit restructure its pension obligations over retiree objections? Prof. Amy Monahan of the University of Minnesota Law School joins ABI Resident Scholar Melissa Jacoby to explore this murky topic.
Recorded on March 10, 2016 Asset Sales Committee presents: GM Successor Liability Issues
ABI Resident Scholar Prof. Melissa Jacoby talks with Michael L. Bernstein of Arnold & Porter (Washington, D.C.), a panelist on the "Best Practices: Bringing and Defending Fraudulent Conveyance Claims" session at the 2016 Annual Spring Meeting. Bernstein previews his panel's upcoming discussion on the many facets of a fraudulent transfer case, including stating a claim, defense, forum and more.
Delays and Lack of Clear Restructuring Plan Continue to Hinder Puerto Rico Recovery Effort - Ep. 175 by ABI
Latest ABI Podcast Examines Potential Lender Discrimination in Black Church Bankruptcies - Ep. 174 by ABI
Examining Current Oil & Gas Industry Distress, Providing Outlook for 2016 - Episode 173 by ABI
ABI's latest podcast features incoming Robert M. Zinman ABI Resident Scholar for the Spring 2016 semester Prof. Melissa Jacoby of the UNC School of Law talking with Prof. Mark Roe of Harvard Law School about recent efforts to to postpone legislative action on a proposed omnibus appropriations rider that would amend the Trust Indenture Act of 1939. Last week, Prof. Roe joined 18 law professors on a letter sent calling for postponement to allow for legislative hearings or the opportunity for public comment on the proposed amendment.
Author Discusses How Creditors' Committee Participation in Chapter 11 Has Changed over Past 10 Years
ABI Resident Scholar Prof. Michelle Harner talks with Holly Etlin, Managing Director in AlixPartners Turnaround and Restructuring practice, and AlixPartners Director James Hogarth about their recent study examining retail bankruptcies since the implementation of BAPCPA in 2005. Etlin and Hogarth discuss their findings that 55 percent of retail bankruptcies since the 2005 Code change have ultimately ended in liquidation rather than restructuring.
The latest ABI podcast features ABI Deputy Executive Director Amy Quackenboss talking with Michael Bernstein of Arnold & Porter LLP (Washington, D.C.) and Prof. George Kuney of the University of Tennessee College of Law (Knoxville, Tenn.) about their book, Bankruptcy in Practice, Fifth Edition. Bernstein and Kuney discuss how the book was revised to incorporate recent case law and changes to the Bankruptcy Code, bridges the divide between classroom theory, courtroom procedure and conference room negotiation.
The latest ABI podcast features ABI Deputy Executive Director Amy Quackenboss talking with Geoffrey L. Berman, Senior Vice President at Development Specialists, Inc. (Los Angeles), former ABI President and author of ABI's third edition of General Assignments for the Benefit of Creditors: The ABCs of ABCs. Berman discusses the book and issues surrounding general assignment as a vehicle used for the sale or liquidation of a business.
ABI Executive Sam Gerdano speaks with Prof. Jason Johnston of the University of Virginia School of Law about the ramifications of the CFPB aggressively regulating mandatory arbitration clauses in consumer agreements. The CFPB provided a report to Congress in March signaling its intentions on regulating mandatory arbitration agreements. Johnston co-authored of a critique from the Mercatus Center at George Mason University of the CFPB’s report using the CFPB's findings to show that mandatory arbitration clauses are fair and successful in resolving consumer disputes.
The latest ABI Podcast features ABI Executive Director Sam Gerdano speaking with Foteini Teloni of Shearman & Sterling LLP (New York) about whether the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) forces debtors to exit chapter 11 before they are truly rehabilitated. Teloni, previously an Adjunct Professor of Law at Fordham University School of Law, authored "Chapter 11 Duration, Pre-Planned Cases, and Refiling Rates: An Empirical Analysis in the Post-BAPCPA Era" appearing in the Summer 2015 ABI Law Review.
ABI's latest podcast features ABI Deputy Executive Director Amy Quackenboss speaking with Kathy Bazoian Phelps, co-author and the editor of ABI's Fraud and Forensics: Piercing Through the Deception in a Commercial Fraud Case. A partner with Diamond McCarthy LLP in Los Angeles, Phelps co-chairs ABI's Commercial Fraud Committee and pulled together nearly 25 authors, including some from within the committee, to deliver this comprehensive guide on forensic accounting and commercial fraud issues.
To purchase a copy of Fraud and Forensics: Piercing Through the Deception in a Commercial Fraud Case, please click here (be sure to log in to obtain the ABI member price). http://www.abi.org/bookstore/fraud-and-forensics-piercing-through-the-deception-in-a-commercial-fraud-case
ABI's latest podcast features DLA Piper partner Craig Martin discussing the intricacies of chapter 15 case law with ABI Deputy Executive Director Amy Quackenboss. Martin, the co-author of ABI's new Chapter 15 for Foreign Debtors, provides an overview of the book as well as tips for bankruptcy professionals working on chapter 15 cases.
Conversation with Sol Stein
This podcast features an interview by ABI Resident Scholar Lois R. Lupica with Sol Stein, author, entrepreneur and founder and CEO of Stein and Day Publishers. As CEO of Stein and Day, he witnessed his company's journey through chapter 11 and chronicled the experience in the 1989 book A Feast for Lawyers Inside Chapter 11: An Expose.
Conversation With Richard Lieb
Richard M. Lieb of Cooley Godward Kronish LLP (New York), a distinguished bankruptcy professional, currently teaches a course in amicus brief writing as a scholar in residence at St. John's University School of Law. Prof. Lieb talks about his new career in teaching the next generation of bankruptcy stars in this month's ABI's podcast.
Conversation With Anya Kamanetz
This week's podcast features an interview by ABI Resident Scholar Lois R. Lupica with writer Anya Kamanetz, whose series, 'Generation Debt: The New Economics of Being Young, received a nomination for the Pulitzer Prize and recently published the book, Generation Debt, about the financial pitfalls of younger generations.
Conversation With Karen Gross
This edition of the ABI podcast features an interview by ABI Resident Scholar Lois R. Lupica with Karen Gross, president of Southern Vermont College and the founder and former president of the Coalition for Consumer Bankruptcy Debtor Education, discussing her career of studying and advocating for remedies to the impact of overindebtedness.
Conversation With John W. Ames
This edition of the ABI podcast features an interview by ABI Executive Director Sam Gerdano with ABI President-Elect John W. Ames of Greenebaum, Doll & McDonald PLLC (Louisville, Ky.) on John's recent business trip to Vietnam, a country he visited under different circumstances 38 years ago.
Conversation with Prof. Todd J. Zywicki
This edition of the ABI podcast features an interview by ABI Executive Director Sam Gerdano with Prof. Todd J. Zywicki of the George Mason University School of Law about his perspectives on bankruptcy, including the relationship between medical debt and bankruptcy.
Conversation with Stephen Case
This edition of the ABI podcast features an interview by former ABI Resident Scholar Prof. Jack Ayer with Stephen Case, Managing Director and General Counsel of Cohen & Company, LLC (New York) about his career in bankruptcy law.
Conversation with CLIFFORD J. WHITE III
This edition of the ABI podcast will feature an interview by ABI Deputy Executive Director Felicia S. Turner with Clifford J. White, III, Director of the Executive Office for U.S. Trustees. In addition to providing an update on the implementation of the Program's responsibilities under BAPCPA, White discusses the recent congressional hearing examining the Program's efforts to combat abuse in consumer cases, as well as the Program's work in chapter 11 cases.
Conversation with Prof. G. Marcus Cole
This month's podcast features a conversation with G. Marcus Cole of the Stanford Law School. Prof. Cole comments on the legislative and regulatory responses to the home mortgage foreclosure crisis, from a law and economics perspective. He argues that, as with many other examples of government intervention into the marketplace, these proposed solutions may end up doing more harm than good. He is interviewed by ABI Executive Director Sam Gerdano.
Conversation with Prof. Stephen J. Lubben
Claude Chip Bowles Jr. of Greenebaum Doll & McDonald PLLC (Louisville, Ky.), the chairman of ABI's professional fee study advisory board and practitioner advisory board, discusses the results of ABI's chapter 11 professional fee study with reporter Prof. Stephen J. Lubben of Seton Hall University School of Law. The recently completed study examining the issue of professional compensation in chapter 11 cases was funded by the American Bankruptcy Institute Endowment Fund.
Conversation with Roberta DeAngelis
ABI Deputy Executive Director Felicia S. Turner talks with Roberta DeAngelis, Acting General Counsel for the Executive Office for U.S. Trustees, about some challenging chapter 11 issues that are recurring in cases of all sizes. With BAPCPA having shepherded in changes affecting debtors in possession and the U.S. Trustee's oversight of chapter 11 cases, DeAngelis talks about the U.S. Trustees' positions on such issues as key employee retention plans and ß1104(e). She also discusses the Program's positions on other items of interest to chapter 11 practitioners and professionals, such as a debtor in possession's retention of a chief restructuring officer and the new bankruptcy rule regarding procuring certain relief during the first 20 days of a case.
Conversation with Alex J. Pollock
This podcast features a discussion between ABI Executive Director Samuel J. Gerdano and American Enterprise Institute Resident Fellow Alex J. Pollock about the current troubles in the subprime mortgage market. With nearly 35 years in the banking industry, including twelve years as president and CEO of the Federal Home Loan Bank of Chicago, Pollock is a leading expert on housing issues and has testified recently on Capitol Hill on the subprime mortgage downturn.
Conversation with Congressman Brad Miller
The latest ABI podcast features a discussion between ABI Executive Director Samuel J. Gerdano and Rep. Brad Miller (D-N.C.) about the legislation that Miller is sponsoring to allow bankruptcy judges to modify the mortgage on the primary residence of a chapter 13 debtor. Miller was elected to Congress in 2002 and has established his reputation as an advocate for consumer-protection issues, especially those to protect consumers from predatory financial practices. Miller discusses H.R. 3609 as well as other congressional responses to troubles in the mortgage market.
Conversation with Samuel K. Crocker
ABI Deputy Executive Director Felicia S. Turner talks with Samuel K. Crocker, the current president of the National Association of Bankruptcy Trustees and a partner in the firm of Crocker and Niarhos in Nashville, Tenn. Having served on the panel of chapter 7 trustees for the Middle District of Tennessee for almost 25 years, Crocker discusses some of the changes and challenges to the trustee practice due to BAPCPA. He also discusses the relationship of chapter 7 trustees to the debtor bar and the Office of the U.S. Trustees. Crocker concludes with his thoughts on some of the recent trends seen in bankruptcy filing numbers as well as a discussion of home mortgage modification legislation currently being considered by Congress. Click here to listen to the podcast.
Conversation with Judge Thomas Bennett
ABI Deputy Executive Director Felicia S. Turner talks with Bankruptcy Judge Thomas Bennett of the Northern District of Alabama (Birmingham), the current president of the National Conference of Bankruptcy Judges (NCBJ). Appointed to the bench in 1995, Judge Bennett discusses the effect of BAPCPA on the workload of bankruptcy judges. He also discusses current legislation addressing judicial pay raises and home mortgage modification. Click here to listen to the podcast.
Conversation with Profs. Amir Sufi and Paul M. Vaaler
The latest podcast features two of the speakers who will be featured at the upcoming Interdisciplinary Academic Symposium on Debt as ABI Executive Director Samuel J. Gerdano talks with Profs. Amir Sufi of the University of Chicago and Paul M. Vaaler of the University of Minnesota. Sponsored by ABI and the University of Illinois, the Symposium taking place May 2-3 will feature leading U.S. and international scholars talking about debt from a wide range of academic disciplines. Prof. Vaaler's presentation focuses on how and why credit assessors get it wrong when judging the risk of borrowers, while Prof. Sufi attributes the mortgage default crisis in large part to the degree of separation between borrower and lender via the securitization process.
Conversation with Robert Sanderson
ABI Executive Director Samuel J. Gerdano talks with Robert O. Sanderson, the current president of the INSOL International and a senior partner with KPMG LLP's Transaction Advisory Services Group based in Toronto. A past president of the Insolvency Institute of Canada, Sanderson discusses some of the challenges faced by global insolvency practitioners in the current credit environment. Click here to listen to the podcast.
Conversation with James Scurlock
ABI Executive Director Samuel J. Gerdano talks with James Scurlock the director, producer, screenwriter and author of the critically acclaimed documentary and book, Maxed Out: Hard Times, Easy Credit and the Era of Predatory Lenders. Scurlock, the guest speaker at ABI's Debt Symposium at the University of Illinois on May 2, discusses his powerful work that takes an in-depth look at the credit industry, some of the industry's practices and the effect that credit card debt has on consumers. Click here to listen to the podcast.
Conversation with Mark Zandi
ABI Executive Director Samuel J. Gerdano talks with Mark Zandi, chief economist and co-founder of Moody's Economy.com. A witness before Congress and frequently quoted in the media, Zandi shares his views on the current mortgage crisis as well as his views on current legislative proposals looking to remedy the housing downturn, such as the Senate's housing assistance package and legislation that would allow a bankruptcy judge to modify the primary mortgage of a chapter 13 debtor.
Conversation with Arthur T. Perkins
ABI Deputy Executive Director Felicia S. Turner talks with Arthur T. Perkins, the current president of the Turnaround Management Association (TMA) and co-head of Deloitte Financial Advisory Services' turnaround consulting and restructuring practice for the West Region. In addition to discussing the history of TMA, which celebrates its 20th anniversary this year, Perkins discusses the current climate of financial turnarounds for distressed companies during the current credit crunch and the increase in business bankruptcy filings.The views expressed in this podcast are those of the interviewee, and do not necessarily reflect the views of Deloitte Financial Advisory Services LLP.
Conversation with Grant Stein
ABI Resident Scholar Jack F. Williams talks with Grant Stein, the current president of the Association of Insolvency & Restructuring Advisors (AIRA) and a partner in Alston & Bird's Bankruptcy, Reorganization and Workouts Group. Stein discusses the history and growth of the AIRA, as well as the organization's Certified Insolvency & Restructuring Advisor (CIRA) and Certification in Distressed Business Valuation (CDBV) programs.
Conversation with Prof. Ronald T. Wilcox
ABI Executive Director Samuel J. Gerdano talks with Prof. Ronald T. Wilcox of the University of Virginia's Darden Graduate School of Business Administration. Author of the recently published book, Whatever Happened to Thrift? Why Americans Don't Save and What to Do About It, Wilcox shares his views on the growing trend of consumer debt in the United States and why American's sense of thrift has diminished.
Conversation with Martha G. Bronitsky
Continuing the series of conversations with presidents of various prominent organizations in the insolvency community, ABI Deputy Executive Director Felicia Turner speaks with Martha G. Bronitsky, the president of the National Association of Chapter 13 Trustees (NACTT). Bronitsky discusses the history of the NACTT, the NACTT Academy and some of the changes to chapter 13 trustees' practice caused by BAPCPA.
Conversation with U.S. Supreme Court Justice John Paul Stevens
The latest ABI Podcast features a conversation with U.S. Supreme Court Justice John Paul Stevens, recorded at the ABI Southwest Bankruptcy Conference on Sept. 5. Justice Stephens is the longest-serving current member of the Court, appointed by President Ford in 1975.
Conversation with Prof. Lois R. Lupica
ABI Executive Director Samuel J. Gerdano talks with Prof. Lois R. Lupica, the Associate Dean for Faculty Development and Professor of Law at the University of Maine School of Law. Lupica, who served as the Robert M. Zinman ABI Resident Scholar for the Spring 2007 semester, discusses A Study of Consumers' Post-Discharge Finances: Struggles, Stasis, or Fresh-Start? an article she co-wrote with Prof. Jay L. Zagorsky of Ohio State University. The study was featured in the Spring 2008 edition of the ABI Law Review.
Should We Worry About PBGCs Debt
ABI Executive Director Samuel J. Gerdano talks with Nell Hennessy, President & CEO of Fiduciary Counselors Inc. From 1993 to 1998, Hennessey served as Deputy Executive Director and Chief Negotiator of the Pension Benefit Guaranty Corp. (PBGC) and represented the PBGC in negotiations with major corporate pension plan sponsors and unions in a wide range of industries, including auto, steel, chemical, textile and airlines. She discusses the challenges facing the PBGC amid the economic downturn and potential solutions for the agency as it faces billions of dollars in funding deficits for U.S. pensions.
Mortgage Loan Modification Options
This podcast features a discussion of residential home mortgage modification options now facing Congress. Joining ABI Executive Director Sam Gerdano are Christopher Mayer, Senior Vice Dean and Paul Milstein Professor of Real Estate at the Columbia University Business School, and Edward Morrison, Professor of Law at the Columbia Law School. Mayer and Morrison have developed a new proposal for loan modification that compensates servicers who modify mortgages and removes legal constraints that inhibit modification.
Did BAPCPA Cause the Foreclosure Crisis
ABI Executive Director Samuel J. Gerdano talks with Dr. Donald Morgan, Research Officer at the Federal Reserve Bank of New York, about the latter's research arguing that BAPCPA shifted risk from credit card lenders to mortgage lenders, partially helping to trigger the surge in home foreclosures. The conclusions of Morgan and his colleagues echo earlier findings that the new law's tougher requirements appear to have increased the number of people defaulting on their mortgages or walking away from their homes rather than seeking bankruptcy protection.
Interview with NACBAs President Carey Ebert
ABI Deputy Executive Director Felicia S. Turner talks with Carey Ebert, the current president of the National Association of Consumer Bankruptcy Attorneys (NACBA) and a partner with Ebert Law Offices, P.C. in Forth Worth, Texas. A consumer and small business bankruptcy practitioner for over 20 years, Carey discusses NACBA's 2009 agenda as well as proposed changes to bankruptcy law being considered on Capitol Hill, including BAPCPA and current mortgage modification proposals.
Examining the Effects of the Economic Crisis on Higher Education
ABI Executive Director Samuel J. Gerdano talks with Dr. Karen Gross, the president of Southern Vermont College (Bennington, Vt.). A former bankruptcy law professor at New York University Law School, Gross is also the founder and former president of the Coalition for Consumer Bankruptcy Debtor Education. Providing her unique perspective on the impact of the economic crisis on higher education, Gross discusses the current recession, student debt and heightened accountability in higher education spending.
ABI Interview with Congresswoman Carolyn Maloney on the Credit Cardholders Bill of Rights
The latest ABI podcast features a discussion between ABI Executive Director Samuel J. Gerdano and Rep. Carolyn Maloney (D-N.Y.) about legislation that Maloney is sponsoring titled the Credit Cardholders' Bill of Rights Act. H.R. 627 would prohibit issuers from raising rates on existing balances retroactively, require a 45-day notice of any rate increase and ban billing on balances for days not included in the last billing cycle as a result of a grace period. It is similar to rules promulgated by the Federal Reserve that will go into effect in July 2010, but contains some additional consumer protection. The bill passed the House of Representatives on April 30 by an overwhelming margin (357-70) and now moves on to the Senate for consideration. Maloney was elected to Congress in 1992 and has established a reputation as an advocate for consumer-protection issues, especially those to protect consumers from predatory credit card practices. Maloney sponsored a similar credit card protection bill that passed the House last year (312-112), but was not taken up in the Senate. During this interview, Maloney discusses H.R. 627 and its prospects for passage into law this year.
Scholars Rethink the Government Muscular Role in Chrysler Bankruptcy
The latest ABI podcast features a discussion between ABI Executive Director Samuel J. Gerdano and a panel of bankruptcy scholars examining the government's role in Chrysler and what it suggests about the coming GM bankruptcy. Profs. Mark Roe of Harvard Law School, David Skeel of the University of Pennsylvania Law School and Todd Zywicki of the George Mason University School of Law give their thoughts on the manner in which the federal government has inserted itself into the chapter 11 process. The experts touch on such topics as whether the government has the power to pick the winners and losers among the stakeholders in bankruptcy cases, if the process engineered for Chrysler is a violation of the Code's absolute priority rule and what the future effects are on lenders who now must weigh new potential risks of their investments.
Dr. Robert Manning on the New Credit Card Law
The latest ABI podcast features a discussion between ABI Executive Director Samuel J. Gerdano and Dr. Robert Manning, the Director of the Center for Consumer Financial Services at Rochester Institute of Technology, author of Credit Card Nation and founder of the Responsible Debt Relief Institute. One of the leading experts on household debt, spending and the consumer lending industry, Manning discusses the some of the provisions of the Credit CARD Act signed into law last month by President Barack Obama.
Equity Stripping Led to Foreclosures According to New California Study
A new study of more than 4,000 California foreclosures suggests that borrower behavior, such as equity stripping and multiple liens, is a principal culprit, even more than market forces. Prof. Michael LaCour-Little of California State University-Fullerton, discusses his findings in a podcast with ABI Executive Director Sam Gerdano.For a summary of the study's findings, please click hereTo read the full study, Follow the Money: A Close Look at Recent Southern California Foreclosures,' please click here.
Securitization Not to Blame for Servicer Reluctance to Modify Mortgages
A new study by Federal Reserve researchers found that government initiatives to stem the country's mounting foreclosures are hampered because banks and other lenders in many cases have more financial incentive to let borrowers lose their homes than to work out settlements. ABI Executive Director Sam Gerdano discusses the study Why Don't Lenders Renegotiate More Home Mortgages? Redefaults, Self-Cures, and Securitization with two of the study's authors, Dr. Paul Willen and Dr. Kristopher Gerardi. Willen is a Senior Economist and Policy Advisor in the Research Department of the Federal Reserve Bank of Boston and Gerardi is a research economist and assistant policy adviser in the research department of the Federal Reserve Bank of Atlanta. Please note that the views presented in the study and on the podcast are those of the authors, not official statements by the Federal Reserve.
Americas Addiction to Debt
As high levels of household debt look to push over 1.4 million Americans into bankruptcy in 2009, ABI Executive Director Sam Gerdano discusses consumer addiction to debt with Dr. Charles Geisst, the author of the recently published Collateral Damaged: The Marketing of Consumer Debt to America. Professor of finance at Manhattan College and author of seventeen books, Dr. Geisst extensively studies and writes about issues concerning consumer debt and finance from Wall Street to main street America. The podcast examines the history of consumer debt and what policies and proposals might be effective in reversing the current economic downturn.
A Preview Of Chapter 11 At The Crossroads ABIs Legislative Symposium In November
Providing a preview of ABI's upcoming Legislative Symposium to examine the future of corporate restructurings on a policy level, ABI Executive Director Sam Gerdano speaks with the architect of the event, ABI President Bob Keach of Bernstein, Shur, Sawyer & Nelson PA (Portland, Maine). The Chapter 11 at the Crossroads: Does Reorganization Need Reform? Legislative Symposium will take place at Georgetown University Law Center in Washington, D.C. on Nov. 16-17. Funded by ABI's Anthony H.N. Schnelling Endowment Fund, the Symposium is a free event for ABI members, congressional staff, researchers, scholars and the press. The Symposium faculty will re-examine the traditional framework of insolvency law against today's headlines and consider new ways going forward.
Examining the Intersection of Bankruptcy Law and Sports Franchise Rules
As the Phoenix Coyotes recently emerged from bankruptcy ABI Executive Director Sam Gerdano discusses some of the unique aspects of the case with the Coyotes lead attorney Thomas J. Salerno of Squire, Sanders & Dempsey LLP. With Bankruptcy Judge Redfield Baum's approval of the Coyotes' sale to the NHL on Nov. 2, Salerno talks about some of the challenges presented by the case when bankruptcy law intersected with sports franchise rules.
Economic Lessons for Today from the Great Depression
The newest ABI podcast is a conversation with economic historian and Bloomberg columnist Amity Shlaes, author of the best-selling book, The Forgotten Man: A New History of the Great Depression. Shlaes discusses the parallels between FDR's economic policies and the current administration, each reacting to crises of historic proportions. Shlaes was the keynote speaker at the ABI Winter Leadership Conference.
Discussion on Proposed Bankruptcy Rules Changes with Judge Eugene Wedoff
The latest ABI podcast features a conversation between ABI Executive Director Sam Gerdano and Bankruptcy Judge Eugene Wedoff (N.D. Ill.), a member of the Bankruptcy Rules Committee, discussing the rules process and some of the rationale for the important new proposals affecting Rules 2019, 3001 and 3002. The comment period for the controversial proposals ends today, February 16.
Further Discussion On Proposed Changes To Bankruptcy Rule 3001
The latest ABI podcast features a conversation between ABI Executive Director Sam Gerdano and Alane Becket of Becket & Lee LLP discussing the some of the rationale for the important new proposals affecting Bankruptcy Rule 3001, such as why the Bankruptcy Rules Committee proposed it and the effect the proposal would have on creditors such as debt buyers.
Examining Small Business Financial Distress
The latest ABI Podcast is a conversation between ABI Resident Scholar Juliet Moringiello and Prof. Robert Lawless of the University of Illinois School of Law discussing Lawless' research on small business owners in bankruptcy and the implications of his findings for bankruptcy policy.
Can Chapter 11 Work for Large Financial Firms
The latest ABI Podcast is a conversation between ABI Resident Scholar Juliet Moringiello and Prof. Stephen Lubben of Seton Hall University School of Law discussing the use of Chapter 11 to deal with the failure of systemically significant financial institutions.
Why Walkaway Defaults are Growing
The latest ABI podcast examines the growth in the 'walkaway' phenomena, as underwater home borrowers simply give up on paying their mortgage, even in so-called recourse states. Executive Director Sam Gerdano discusses the rise in 'strategic default' with California-based lender Richard Zahm and why it's here to stay.
The Critical Role of Private Equity
ABI Executive Director Samuel G. Gerdano talks with Peter S. Kaufman and Henry F. Owsley, the co-founders of the Gordian Group LLC, an investment bank specializing in distressed investments. Kaufman and Owsley discuss some of the current challenges for private equity firms looking to invest in distressed companies during the current economic downturn.
Chapter 9 Experts Discussing Municipal Distress
The latest ABI Podcast features a panel discussion led by ABI Resident Scholar Prof. Juliet Moringiello and Patrick Darby of Bradley Arant Boult Cummings LLP, Daniel Egan of DLA Piper LLP, Marc Levinson of Orrick, Herrington & Sutcliffe LLP and George South of DLA Piper LLP to discuss municipal distress. As four of the five authors of Municipalities in Peril: The ABI Guide to Chapter 9, Darby, Egan, Levinson and South discuss their book and some of the unique problems that arise under chapter 9. They also discuss recent chapter 9 filings, including Vallejo, Calif. and cities reportedly said to have considered a chapter 9 filing, including Jefferson County, Ala. Click here to listen to the podcast.
Reforming Small Business Bankruptcy
The latest ABI Podcast is a conversation between ABI Resident Scholar Juliet Moringiello and Melissa Jacoby, the George R. Ward Prof. of Law at the University of North Carolina School of Law, discussing potential reforms to small business bankruptcy. Prof. Jacoby discusses why chapter 11 is a difficult fit for many financially distressed small businesses and some of the potential fixes to the Bankruptcy Code that would be more suitable to a small business looking to file for bankruptcy
Beware Labor Law Traps When Restructuring a Workforce
Prominent management-side labor lawyer Mark DeBernardo (Jackson Lewis; Washington) provides tips for restructuring professionals needing effective and legally sound ways to downsize a workforce. He identifies the most common and costly mistakes made by employers in implementing layoffs and describes the evidence needed to make a business justification for reductions-in-force.
Examination of the Poverty Business
ABI Executive Director Sam Gerdano talks with Gary Rivlin, the author of BROKE, USA: From Pawnshops to Poverty, Inc. – How the Working Poor Became Big Business. Rivlin's book features his research into the 'poverty business,' examining how payday lenders, check cashers and other subprime lenders target those consumers that are most economically susceptible to financial shocks.
Foreclosures Rise Despite Govt Programs
The massive Wall Street and Consumer Protection Act is billed as Washington's solution to prevent a recurring financial meltdown. But the law doesn't do much to address the housing finance nightmare at the root of the weak economy. In the latest ABI Podcast, Executive Director Sam Gerdano discusses what's next for the mortgage industry with Gibran Nicholas, the CEO of the Certified Mortgage Planning Specialist Institute and a home mortgage expert. How will the new law impact underwriting guidelines and interest rates? Will strategic defaults continue? Should Congress reconsider using chapter 13 to modify the mortgage principal down to current market values, as a way to save homes?
Examining Distress in the Commercial Real Estate Market
With $1.4 trillion in commercial property loans coming due over the next four years, lenders are expected to face overwhelming demand to refinance existing borrowings. ABI's Executive Director Sam Gerdano talks with Paul Melville and Sandy Reese, both principals in Grant Thornton LLP's Corporate Advisory & Restructuring Services and authors of the white paper titled Commercial Real Estate: Why a Rising Tide Won't Lift All Boats. The white paper found that opportunities to refinance existing commercial real estate (CRE) loans may be limited as capital continues to be tough to come by.
Does Debtor Financial Education Matter
ABI Resident Scholar Laura Bartell (Wayne State University Law School) visits with Prof. Katherine Porter (University of Iowa College of Law) and Prof. Deborah Thorne (Ohio University) about their recent empirical study concerning debtors' perception of the financial management course requirement mandated by BAPCPA. The study found that while many debtors express optimism about the future benefits of financial education, only about one in three debtors believes financial education could have prevented their bankruptcy. The findings have implications for designing financial education curricula and for understanding the causal relationship between financial distress and financial knowledge.
Examining the Mortgage Foreclosure Documentation Mess
The latest ABI podcast features a conversation between ABI Resident Scholar Prof. Laura Bartell and bankruptcy attorney and Clean Slate blog author Andy Winchell discussing the recent mortgage foreclosure documentation crisis. In addition to involvement in consumer cases with poor mortgage documentation, Winchell examines issues related to the large-scale mortgage foreclosure documentation problems recently admitted by Bank of America, JP Morgan Chase and Ally Financial.
Prof. David Skeel Discusses the Dodd-Frank Act
The latest edition of ABI's Podcast series features ABI Resident Scholar Prof. Laura Bartell and Prof. David Skeel of the University of Pennsylvania's Law School discussing topics raised in his new book, The New Financial Deal: Understanding the Dodd-Frank Act and Its (Unintended) Consequences.
Bankruptcy in the Supreme Court
ABI Resident Scholar Laura Bartell interviews Prof. Richard Lieb, director of the Supreme Court Amicus Brief Seminar at St. John's University School of Law, where LL.M. students prepare and file briefs on behalf of bankruptcy law professors in seminal bankruptcy appeals. The class recently filed an amicus brief in the matter of Stern v. Marshall, pending for oral argument this term.
Turnaround Underground
ABI Deputy Executive Director Amy Quackenboss sits down with Adrienne Blankley, founding member and board member of Turnaround Underground, which now includes ABI as a sponsor. Blankley, an associate with KattenMuchinRoseman LLP in New York, discusses Turnaround Underground, which was founded in January 2010 to provide networking opportunities for midlevel restructuring professionals. Since its inception, Turnaround Underground has hosted an event nearly every month and reaches more than 800 professionals in the restructuring field. Listen to Blankley provide more information about the group and its initiatives in 2011.
Foreclosure Defense Specialist
The latest ABI Podcast features ABI Resident Scholar Jean Braucher speaking with Matthew Weidner of the Law Offices of Matthew Weidner, P.A. (St. Petersburg, Fla.). Credited by the Wall Street Journal for coining the the phrase 'robo-signers,' Weidner's practice focuses on foreclosure defense for homeowners in Florida, consumer and commercial finance transactions and civil litigation.
Scholars Perspective of the Subprime Meltdown
The latest ABI Podcast features ABI Resident Scholar Jean Braucher speaking with Prof. Kathleen C. Engel of Suffolk University Law School. Discussing The Subprime Virus: Reckless Credit, Regulatory Failure, and Next Steps, a recently released book that she co-authored with Prof. Patricia A. McCoy of the University of Connecticut, Prof. Engel examines the consumer abuses and regulatory inaction that led to the recent financial crisis.
Allowing States To File For Bankruptcy
ABI Resident Scholar Jean Braucher talks with Grant Thornton LLP's Martha Kopacz and Robert Childree, authors of the research paper 'Too Big to Fail or Too Big to Bail (Out).' They discuss the pros and cons of enacting a Bankruptcy Code change to allow for states to file for bankruptcy.Click here to read the Grant Thornton research paper,'Too Big to Fail or Too Big to Bail (Out).'
Examining Small Businesses Recovering From Bankruptcy
The latest edition of ABI's podcast series features ABI Resident Scholar Jean Braucher speaking with Aparna Mathur, Resident Scholar at the American Enterprise Institute, to discuss Mathur's report entitled Beyond Bankruptcy: Does the Bankruptcy Code Provide a Fresh Start to Entrepreneurs? Mathur's report was developed within the Small Business Administration's Office of Advocacy. Mathur provides insight into her study as well as her thoughts on small businesses looking to recover from bankruptcy. Click here to read the report,Beyond Bankruptcy: Does the Bankruptcy Code Provide a Fresh Start to Entrepreneurs?
Examining Orchestra Bankruptcy Filings
ABI's latest podcast features ABI Executive Director Sam Gerdano talking with Jeffrey K. Garfinkle, a shareholder and head of Buchalter Nemer's Insolvency and Bank and Finance Practice Groups, about the recent trend of symphony orchestra bankruptcy filings. Garfinkle was the lead attorney in the bankruptcy and successful restructuring of the San Diego Symphony Orchestra in the mid-1990s. With the Philadelphia, Louisville, Syracuse and Honolulu symphony orchestras filing for bankruptcy in the past year, Garfinkle discusses his work in the San Diego Orchestra restructuring and his thoughts on the recent trend of symphony orchestra filings.
Saving Homes With Loss Mitigation
Bankruptcy Judge Cecelia Morris (SDNY) talks about her court's program to help homeowners reach a loan modification through bankruptcy.
Examining Bankruptcy Tax Case Now Before The Supreme Court
The latest ABI Podcast features ABI Executive Director Sam Gerdano speaking with Joseph Peiffer of Day Rettig Peiffer, P.C. discussing a bankruptcy tax case that was recently granted certiorari by the Supreme Court. The Supreme Court in the case of Hall v. U.S. will look at whether a debtor must pay taxes on the sale of a farm in chapter 12. Peiffer has extensive experience in bankruptcy tax matters, including a similar case decided by the U.S. Court of Appeals for the Eighth Circuit in 2009.
Examining Ramifications Of Supreme Courts Decision In Stern v. Marshall
The 100th edition of the ABI Podcast takes a special look at the potential aftereffects of the Supreme Court's ruling in Stern v. Marshall. ABI Executive Director Sam Gerdano speaks with Prof. Kenneth Klee of the UCLA School of Law, who served on the amicus brief for Marshall and prepared an analysis for Lexis of the case, and Stephen W. Sather of Barron & Newburger, P.C., who has followed and examined the case on his Texas Bankruptcy Lawyer's Blog.
Examining Consumer Bankruptcy Developments Since BAPCPA
The latest ABI Podcast features a discussion between ABI Executive Director Sam Gerdano and Alane A. Becket and William A. McNeal of Becket and Lee (Malvern, Pa.), authors of the recently released Consumer Bankruptcy: Fundamentals of Chapter 7 and 13, Third Edition. Becket and McNeal discuss some recent points raised in the book, inlcuding discussions on the changes in the law since BAPCPA and recent consumer developments in practice and the courts.
AEIs Alex Pollock Discusses Recent Housing Finance Proposals
The latest ABI podcast features ABI Executive Director Sam Gerdano talking with American Enterprise Institute Fellow Alex J. Pollock about recent housing finance reform proposals aimed at correcting the housing market. Pollock, a former president and chief executive officer of the Federal Home Loan Bank of Chicago who now focuses on housing finance at AEI, discusses how the new proposals may help or harm homeowners and lenders.
Special ABI International Podcast Featuring Judge on Dubai World Tribunal
ABI Resident Scholar Jason Kilborn talks to the honorable Sir John Chadwick, a sitting Judge of the Dubai International Financial Centre Courts and one of the judges of a special Tribunal set up to deal with the aftermath of the financial distress of Dubai World.
Examining Control Fraud Theory and the Mortgage Meltdown
The latest ABI Podcast features ABI Resident Scholar Jason Kilborn talking with Prof. William Black, Associate Professor of Economics and Law at the University of Missouri-Kansas City, about Prof. Black's theory of 'control fraud' and its implications for understanding the causes of and potential remedies for the mortgage meltdown.
Discussion of Pending Supreme Court Case Examining Discharge of Priority Government Claims in Chapter 12
The latest ABI Podcast features ABI Resident Scholar Jason Kilborn talking with Georgia State Law Prof. Jack Williams about Hall v. U.S., currently pending before the Supreme Court. Prof. Williams submitted an amicus brief supporting the debtors' argument that capital gains taxes from the post-petition sale of a family farm should be subject to the special provision for discharge of priority government claims in chapter 12 farm reorganizations.
Trade Creditors Rights
ABI Deputy Executive Director Amy Quackenboss speaks with Bruce Nathan and Scott Cargill of Lowenstein Sandler (New York), the authors of ABI's Trade Creditor Remedies Manual. Nathan and Cargill discuss the publication and a few best practices for trade creditors to follow when a customer files for bankruptcy.
Future of U.S. Automobile Manufacturing Industries
ABI Executive Director Sam Gerdano talks with Paul Ingrassia, the Deputy Editor in Chief at Thomson Reuters. Ingrassia, the keynote speaker at ABI's 2011 Canadian-American Insolvency Symposium and author of Crash Course: The American Automobile Industry's Road to Bankruptcy and Bailout-and Beyond, discusses the past, present and future of the automobile industry and the future of U.S. manufacturing.
CARE Program and Dangers of Youth Credit Abuse
The latest ABI podcast features ABI Executive Director Sam Gerdano speaking with retiring Bankruptcy Judge John C. Ninfo II (W.D.N.Y.; Rochester), the founder of the Credit Abuse Resistance Education (CARE) Program. The program, which ABI started administering at the end of 2011, was founded by Judge Ninfo in 2002 to motivate young people to understand and appreciate the techniques necessary to avoid the severe consequences of credit abuse. Judge Ninfo discusses how bankruptcy professionals, judges, trustees, attorneys and court staff comprise the CARE volunteer network, which spans all 50 states and the District of Columbia. In live presentations, these professionals share with high school and college students their unique knowledge, experiences and credibility on the basics of personal finance, household budgeting and the dangers of financial illiteracy.Be sure to visit the recently relaunched CARE website at http://care4yourfuture.org/
Expert Discussing Book On How Debt Bankrupts The Middle Class
The latest ABI podcast features ABI Resident Scholar David Epstein talking with Prof. Katie Porter of the University of California-Irvine School of Law, one of the leading authorities of consumer bankruptcy. Porter discusses her book, Broke: How Debt Bankrupts the Middle Class, and provides insight on how to analyze trends in consumer bankruptcy.
Constitutional Expert Discussing Issues Stemming From Stern V. Marshall
Prof. Erwin Chemerinsky, the current and founding dean of the University of California, Irvine School of Law, joins ABI Resident Scholar David Epstein to discuss some of the constitutional issues of the Supreme Court's ruling last year in Stern v. Marshall. Chemerinsky, one of the leading scholars on constitutional law, talks about the decision and issues surrounding when bankruptcy courts will be able to issue a final decision in a case.
U.S. Trustee Officials Highlight Areas of the New Mortgage Servicing Settlement Important to Debtors and Bankruptcy Professionals
The latest ABI podcast features ABI Resident Scholar David Epstein talking with Clifford J. White, director of the U.S. Trustee Program, and Ramona D. Elliott, deputy director and general counsel of the U.S. Trustee program, about the $25 billion mortgage servicing settlement announced on Feb. 9. The settlement was reached between 49 states and the five largest mortgage servicers to address mortgage loan servicing and foreclosure abuses. White and Elliott review key portions of the settlement and highlight a few of important areas for debtors and bankruptcy professionals.
Single Asset Real Estate Book Author
The latest ABI podcast features ABI Resident Scholar David Epstein talking with David Kuney of Sidley Austin LLP (Washington, D.C.), the author of the recently released the Single Asset Real Estate Case: Basic Principles and Strategies. In addition to discussing the new book, Kuney talks about some of the history of single-asset real estate cases and recent case trends.
Federal Reserve Economist Discussing The Effect Of Tarp On Bank Risk-Taking
ABI Resident Scholar David Epstein talks with Dr. Lamont Black, an economist Federal Reserve Board, who recently published a paper titled 'The Effect of TARP on Bank Risk-Taking.' Drawing on his research, Black discusses how TARP was originally intended to stabilize the financial sector through the increased capitalization of banks, but that recipients of TARP funds were then encouraged to make additional loans despite increased borrower risk.
Discussion of the Supreme Court RadLAX Case
Listen to a conversation between ABI Resident Scholar David Epstein and Prof. Douglas Baird of the University of Chicago Law School as they discuss the RADLax case before the Supreme Court. Oral arguments in the case, which looks at credit bidding in chapter 11 proceedings, were held April 23.
Special ABI Podcast Examining Supreme Courts Decision In U.S. v. Hall
The U.S. Supreme Court ruled (5-4) on May 14 in the case of U.S. v. Hall that farmers who sell farm assets during a bankruptcy reorganization under chapter 12 of the Bankruptcy Code are liable for the full amount of the capital gains tax that resulted from the sale. In this special podcast, ABI has assembled three experts involved in the case to discuss the Court's decision and potential ramifications of U.S. v. Hall.
Prof. David Epstein, Moderator - ABI Resident Scholar Susan M. Freeman of Lewis and Roca LLP (Phoenix, Ariz.) represented the petitioners before the Supreme Court and presented the oral arguments in the case. Joseph A. Peiffer of Day Rettig Peiffer, PC (Cedar Rapids, Iowa) is the counsel of record for the amicus brief filed by Profs. Neil Harl, Jack Williams and Robert Himschoot in support of the petitioners. Prof. Jack F. Williams of Georgia State University / Mesirow Financial Consulting, LLC (Atlanta) filed an amicus brief with Profs. Neil Harl and Robert Himschoot in support of the petitioners.
Scholars Examine Student Debt and Bankruptcy
The latest ABI podcast features Profs. Daniel Austin of Northeastern University School of Law and G. Marcus Cole of Stanford Law School talking with ABI Resident Scholar David Epstein about current issues surrounding educational debt and bankruptcy.
Discussing What to Expect from Stocktons Chapter 9 Filing
The latest podcast features ABI Executive Director Samuel J. Gerdano speaking with Lynnette R. Warman, a partner at Hunton & Williams LLP (Dallas) and ABI Vice President—Publications, about Stockton, Calif.’s recent chapter 9 filing. Warman has been following Stockton’s financial distress and she discusses what can be expected for the city and its creditors in the first year of the chapter 9 filing.
Examining California Countys Controversial Proposal To Use Eminent Domain To Provide Relief For Underwater Homeowners
The latest ABI podcast features ABI Executive Director Sam Gerdano talking with former ABI Resident Scholar Prof. Mark Scarberry from the Pepperdine University School of Law about a controversial proposal being considered by a few localities in California to provide relief to underwater homeowners. Officials from San Bernardino County, Calif., along with two other cities are considering a proposal to use eminent domain to reclaim underwater, but performing, mortgages to then rewrite the mortgage and lower the monthly payments. The county would then pay investors what they consider "fair value" for the mortgage. Scarberry, who continues to analyze various approaches to the foreclosure crisis, talks about the proposal and the potential legal ramifications of using eminent domain to provide relief from the foreclosure crisis.
Exploring Issues Surrounding Health Care Insolvencies
ABI Executive Director Samuel J. Gerdano talks with Leslie A. Berkoff of Moritt Hock & Hamroff LLP and Robert A. Guy, Jr. of Frost Brown Todd LLC, the lead editors of ABI's Health Care Insolvency Manual, Third Edition. Berkoff and Guy discuss current issues surrounding health care insolvencies, the new health care law and the new edition of the Health Care Insolvency Manual.
Experts Discuss Oil and Gas Bankruptcies
The latest podcast features ABI Deputy Executive Director Amy Quackenboss speaking with Deborah D. Williamson and Meghan E. Bishop of Cox Smith Matthews Inc. (San Antonio), authors of When Gushers Go Dry: The Essentials of Oil & Gas Bankruptcy, the newest publication in ABI’s Bookstore. Williamson and Bishop discuss how the U.S. oil and gas industry, perhaps more than any other industry, is vulnerable to the effects of myriad internal and external factors, ranging from global credit markets to domestic and foreign geopolitical events, and from technological developments and limitations to population growth and even the weather. There have been 62 oil and gas company bankruptcy filings since 2008, according to BankruptcyData.com, representing a 170 percent increase from the 23 filings between 2002-07.
Research on the Use of Kerps in Bankrupt Firms
ABI Resident Scholar Susan Hauser talks with Profs. Vidhan K. Goyal of the Hong Kong University of Science & Technology (HKUST) and Wei Wang of the Queen's School of Business about their controversial paper, "Provision of Management Incentives in Bankrupt Firms." Profs. Goyal and Wang examine the use of key employee retention plans (KERPs) in bankrupt firms and discuss how the results of their empirical research do not support the common view that retention bonus plans enrich managers at the expense of creditors.
Examining Litigation Surrounding The Dissolution of a Distressed Law Firm
The latest ABI podcast features Executive Director Sam Gerdano talking with Paul Hage of Jaffe, Raitt, Heuer & Weiss, PC (Southfield, Mich.) and Dylan Trache of Wiley Rein LLP (McLean, Va.) about unfinished business litigation and other issues surrounding the dissolution of a financially distressed law firm.
Experts Looking at U.S.-Mexico Cross Border Insolvency Issues
In advance of ABI's Inaugural Mexico Restructuring Symposium on Nov. 7, 2012 in Mexico City, ABI Executive Director Sam Gerdano speaks with panelists Richard J. Cooper of Cleary, Gottlieb, Steen & Hamilton LLP (New York) and Thomas S. Heather of Heather & Heather (Mexico City). Cooper and Heather provide a preview of their panel's discussion about similarities and differences between insolvency laws in the U.S. and Mexico.
Examining Bankruptcys Effects on Manufacturing Supply Chains
ABI’s latest podcast features ABI Resident Scholar Prof. Susan Hauser speaking with the authors of Interrupted! Understanding Bankruptcy's Effects on Manufacturing Supply Chains. John T. Gregg, Deborah L. Thorne and Patrick E. Mears of Barnes & Thornburg LLP discuss the book and the issues that arise when suppliers are unable to make deliveries of promised parts due to financial problems.
Study on Student Loan Discharges and the Undue Hardship Standard
The latest ABI Podcast features ABI Resident Scholar Susan Hauser speaking with Jason Iuliano, the author of "An Empirical Assessment of Student Loan Discharges and the Undue Hardship Standard." Iuliano, a graduate of Harvard Law School and currently a Ph. D. candidate at Princeton University, discusses the methodology of his study and a few of the conclusions that can be drawn from it about student loan discharges and the undue hardship standard in bankruptcy.
Examining the Treatment of Personal Indebtedness Around the World
ABI's latest podcast features ABI Executive Director Samuel J. Gerdano speaking with Professor Jason Kilborn of the John Marshall Law School (Chicago). Prof. Kilborn, the ABI Resident Scholar for the 2011 Fall Semester, chairs a drafting group for the World Bank to study and report on the various ways that nations approach personal indebtedness. Prof. Kilborn discusses the project and the initial report that was presented last month at the World Bank in Washington, D.C.
Examining Issues Surrounding Crowdfunding a Chapter 11
ABI Resident Scholar Prof. Scott Pryor speaks with David C. McGrail of McGrail & Bensinger LLP (New York), author of the article "'Crowdfunding' a Chapter 11 Plan" in the February ABI Journal. McGrail explores the uses of crowdfunding, the effect of the JOBS Act on crowdfunding and how crowdfunding might be applicable in a chapter 11 reorganization.
Examining The Effectiveness Of Chapter 11 For Church Financial Distress
The latest ABI Podcast features ABI Resident Scholar Scott Pryor speaking with Prof. Pamela Foohey of the University of Illinois College of Law discussing her recent paper examining church reorganizations that filed for chapter 11 protection, titled "Bankrupting the Faith." Foohey discusses her empirical study looking at church bankruptcies from 2006-11 to draw out the characteristics of the filings and case outcomes to see if bankruptcy is an effective solution to the institution's financial problems. To read Prof. Foohey's study, please click here.
Examining The Effectiveness Of Current Financial Education Programs
The latest ABI podcast features ABI Resident Scholar Prof. Scott Pryor speaking with Prof. Lauren Willis of Loyola Law School about the effectiveness of current financial education programs. Willis discusses the strengths and weaknesses of current financial education programs and what improvements can be made going forward.
Examining Bankruptcy Valuation Issues
ABI's latest podcast features ABI Resident Scholar Prof. Scott Pryor speaking with Dr. Israel Shaked of The Michel-Shaked Group (Boston) and Robert F. Reilly of Willamette Management Associates Inc. (Chicago), authors of the new ABI publication, A Practical Guide to Bankruptcy Valuation. Shaked and Reilly discuss their book and other issues involved in the complex task of valuing a bankrupt or financially distressed business.
Exploring The Depths Of Deepening Insolvency
The latest ABI podcast features ABI Resident Scholar Prof. Scott Pryor talking with Prof. Jack Williams and Kathy Phelps, authors of ABI's newest publication, The Depths of Deepening Insolvency: Damage Exposure for Officers, Directors and Others. Williams and Phelps offer a historical analysis of the “deepening insolvency” principle, its significance in calculating damages in a variety of liability scenarios and the interplay of the doctrine with the fiduciary duties of company executives.
Exploring New Methods For Companies to Raise Capital
The latest ABI podcast features ABI Resident Scholar Scott Pryor speaking with Daniel Gorfine of the Milken Institute and Ben Miller, co-founder of investment platform Fundrise, about new ways for companies to raise money. Gorfine and Miller explore issues surrounding crowdfunding and potential regulatory responses to shifts in how companies raise money.
Looking at Issues Surrounding Chief Restructuring Officers
ABI Deputy Executive Director Amy Quackenboss talks with Christopher A. Ward and Melissa Hager, co-authors of a recent ABI publication, The Chief Restructuring Officer's Guide to Bankruptcy. Ward and Hager discuss the book and issues surrounding chief restructuring officers in bankruptcy proceedings. To purchase The Chief Restructuring Officer's Guide to Bankruptcy from the ABI Bookstore, please click here or copy the web address http://bookstore.abi.org/chief-restructuring-officers-guide-bankruptcy-views-leading-insolvency-professionals to your browser
Examining Supreme Courts Decision on the Meaning of Defalcation
ABI's latest podcast features ABI Resident Scholar Scott Pryor speaking with Prof. Keith Sharfman of St. John's University School of Law and attorney Tom Byrne of Sutherland Asbill & Brennan LLP (Atlanta) on the issues surrounding the Supreme Court's unanimous decision in Bullock v. BankChampaign, N.A. In its decision on May 13, the Court held that a defalcation by a trustee requires a finding of gross negligence or some knowledge that what he or she is doing is improper. Byrne was the counsel of record for Randy Bullock, and Scharfman joined fellow professors on an amici curiae brief in support of BankChampaign.
U.S. Trustee Programs Fee Guidelines Annual Report Examined
The latest ABI Podcast features a discussion between Cliff White, director for the Executive Office for U.S. Trustees, and Kelly Stapleton, managing director of Alvarez & Marsal (New York). White and Stapleton discuss the U.S. Trustee Program's recently released professional fee guidelines, as well as some of the highlights from the USTP's FY 2012 Annual Report. For more information about the U.S. Trustee Program, including more information about the professional fee guidelines, please visit http://www.justice.gov/ust/.
Taking a Closer Look at the Impact of the Auto Industry on Detroits Chapter 9 Filing
The latest ABI Podcast features ABI Executive Director Sam Gerdano speaking with Paul Ingrassia, Deputy Editor-in-Chief of Reuters News, about the Detroit's chapter 9 filing and the city's long-standing dependence on the auto industry. Ingrassia, who covered Detroit and the auto industry for more than a decade for the Wall Street Journal and Dow Jones Newswires, discusses the auto industry aspect in Detroit's filing and more.
Making Bankruptcy Work For a Small Business Debtor
The latest ABI Podcast features Fall 2013 ABI Resident Scholar Prof. Kara Bruce speaking with Prof. Anne Lawton of Michigan State University about her proposal to simplify the definition of a small business debtor in bankruptcy. Prof. Lawton's proposal was featured in an article in the Summer edition of the ABI Law Review. To listen to the podcast, please click here
Exploring Bankruptcys Corporate Tax Implications
ABI Resident Scholar Prof. Kara Bruce speaks with Prof. Diane Lourdes Dick of the Seattle University School of Law about how companies in chapter 11, such as Solyndra and WaMu, preserve valuable tax attributes through holding companies. Prof. Dick discusses her current research looking into how stakeholders of financially distressed firms exploit various loopholes in Chapter 11 to transfer value outside of bankruptcy's distributional norms.
Looking at New Legal Issues Arising From a Diocesan Bankruptcy
As the Dioceses of Gallup, N.M. and Stockton, Calif., recently were the ninth and tenth, respectively, to file for bankruptcy, ABI Resident Scholar Kara Bruce talks with Susan Boswell, a partner at Quarles & Brady LLP (Tucson, Ariz.), about 10 years of diocesan case history. Boswell provides her perspective of some of the challenges that arise in a diocesan bankruptcy from having represented the Dioceses of Tucson, San Diego, and Fairbanks, Alaska, and will be representing the diocese of Gallup, N.M. in its bankruptcy case.
Lessons to be Learned from Detroit and Other Municipalities in Distress
The latest ABI Podcast features ABI Resident Scholar Kara Bruce speaking with George Mason University Prof. Frank Shafroth about Detroit and lessons to be learned from the current state of municipalities in distress. Shafroth is the principal investigator for a study by George Mason's State and Local Government Leadership Center titled "The Great Challenge Facing America’s Cities." Shafroth talks about the study, which examines the financial situations of Detroit, Chicago, San Bernardino, Calif., Pittsburgh, Providence, R.I. and Baltimore to provide insights for municipalities that may face financial struggles in the future.
Examining Recent Bank Settlements and Too Big To Jail
In light of recent bank settlements over bad behavior stemming from the financial crisis, ABI Resident Scholar Prof. Kara Bruce talks with Prof. Gregory Gilchrist of the University of Toledo Law School about why more indictments against banks or their employees have not occurred. Gilchrist, who is the author of the forthcoming University of Colorado Law Review article, "The Special Problem of Banks and Crime," discusses recent settlements and the issues surrounding "too big to jail."
Taking a Closer Look at How Unsecured Creditor Recoveries Decreased Post-BAPCPA
The latest ABI Podcast features ABI Resident Scholar Kara Bruce speaking with Prof. Lois Lupica of the University of Maine School of Law, who was the reporter and principal investigator for "The Consumer Bankruptcy Creditor Distribution Study" funded by the ABI Endowment. Lupica, who also authored the ABI Endowment-funded Consumer Bankruptcy Fee Study in 2011, talks about the results of the new study, which found that creditor returns in consumer bankruptcy proceedings have been less effective since the implementation of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
Exploring How Failure Can Lead to Success
The latest ABI Podcast features ABI Executive Director Sam Gerdano speaking with Bloomberg View writer Megan McArdle, author of The Up Side of Down: Why Failing Well Is the Key to Success. Based on her research of both personal and business failure, McArdle provides examples of how businesses and consumers have built a fresh start after financial disaster. The new book from Viking Press is set for release on February 11.
Senator Richard Durbin Discusses the Student Loan Borrower Bill of Rights
Sen. Dick Durbin (D-Ill.), the Assistant Majority Leader for the Senate and sponsor of S. 1803, the "Student Loan Borrower Bill of Rights," joins ABI Resident Scholar Prof. Charles Tabb for a discussion on key issues surrounding student debt. In addition to an overview and insight into his legislation, Durbin provides his thoughts on the risks to the U.S. if action is not taken to address the student debt crisis.
Examining Recent Cases Involving Environmental Liabilities in Bankruptcy Including FREEDOM INDUSTRIES
The latest ABI podcast features ABI Resident Scholar Prof. Charles Tabb talking with James Redwine, an independent consultant, trustee and lawyer based in Baton Rouge, La. Redwine, a frequent contributor to the ABI Journal "Toxins-Are-Us" column and who formerly served as vice president of Environmental for Motors Liquidation, talks about the environmental liabilities in recent cases, including liabilities involved in the Freedom Industries case.
Harvey Miller Reflecting on Impact of Bankruptcy Law on Financial Renewal in America
The latest edition of ABI's podcast features a special presentation by Harvey Miller of Weil, Gothshal and Manges LLP taken from the 38th Annual Alexander L. Paskay Memorial Bankruptcy Seminar. Called the most prominent chapter 11 lawyer of all time, Miller reflects on the impact that bankruptcy law has had on financial renewal in America.
Examining Recent Events Dealing with Asbestos Litigation Trusts
ABI Resident Scholar Prof. Charles Tabb and Prof. S. Todd Brown of University of Buffalo (SUNY) discuss recent events concerning asbestos litigation trusts in bankruptcy. Brown, who has testified before Congress and the ABI Chapter 11 Reform Commission regarding issues related to asbestos mass torts in bankruptcy cases, discusses the recent backlash in Congress and the courts against large asbestos litigation trusts in bankruptcy proceedings.
Experts Debate Chapter 14 Proposal for Large Financial Institutions
ABI Resident Scholar Prof. Charles Tabb talks with Profs. David Skeel of the University of Pennsylvania Law School and Stephen Lubben of Seton Hall University School of Law about the orderly liquidation authority of the Dodd-Frank Act for systemically important financial institutions (SIFIs)and proposals for a chapter 14 for SIFIs. Prof. Skeel, who worked with experts at the Hoover Institute on the chapter 14 proposal that is the basis of current legislation before Congress, believes that the Bankruptcy Code needs to be retooled for a large financial institutions. Prof. Lubben agrees with the idea of amending chapter 11 for a large financial institution, but disagrees with various parts of the Hoover Institute's chapter 14 proposal.
Professor Discusses Upcoming SCOTUS Case of Wellness Intl. Network v. Sharif in Wake of Stern v. Marshall
The U.S. Supreme Court's surprising decision in Stern v. Marshall struck down as a violation of Article 3 the congressional statute permitting bankruptcy courts to issue final judgment as to certain state law counterclaims by the estate against creditors without the parties' consent. The decision created uncertainty throughout the bankruptcy court system as to bankruptcy courts' authority and left unanswered a key question: If the parties give their consent, can bankruptcy courts enter final judgment in matters that would otherwise require an Article 3 tribunal? The Supreme Court has agreed to take up this question by granting certiorari in a Seventh Circuit Court of Appeals case, Wellness Int'l Network v. Sharif. In this podcast, Prof. Ralph Brubaker of the University of Illinois College of Law discusses the upcoming case and its possible implications for bankruptcy practice.
Examining Puerto Rico Recovery Act and Issues Surrounding the Prepa Case
ABI Executive Director Sam Gerdano talks with Sonia Colòn and Javier Vilariño Santiago of Ferraiuoli LLC in Puerto Rico about the financial distress facing the Puerto Rico Electric Power Authority (Prepa). Puerto Rico's status as a U.S. territory does not permit Prepa to file for chapter 9 municipal bankruptcy or for chapter 11 relief. The Puerto Rican legislature in June passed the Public Corporate Debt Enforcement and Recovery Act as a way to restructure municipal debt outside of federal bankruptcy court. Bond funds of Prepa filed a lawsuit in July against the new law claiming that it is unconstitutional. Looking for a possible remedy on Capitol Hill, Rep. Pedro Pierluisi (D.-P.R.) on July 31 introduced H.R. 5305 to treat Puerto Rico as a state to allow a chapter 9 filing for the adjustment of municipal debt. Colòn and Vilariño Santiago discuss Puerto Rico's new law, the case filed against it and prospects for passage of H.R. 5305.
Featuring Authors Discussing Survival Tips for New Lawyers
The latest ABI podcast features Resident Scholar Lois Lupica talking with Kevin M. Baum of Baum & Bailey, P.C. (Rockville Centre, N.Y.) and Craig T. Lutterbein of Hodgson Russ LLP (Buffalo, N.Y.), the authors of ABI's newest publication, Survival Guide for the New Lawyer: What They Didn't Teach You in Law School. Baum and Lutterbein discuss their book and provide pointers to new lawyers on the everyday aspects of practicing law, with a special emphasis on bankruptcy law. Click here to listen to the podcast.
Examining Sect. 547 and Its Effect on Trade Creditors
ABI Resident Scholar Lois Lupica talks with Dale Matschullat, chairman of International Housewares Association's (IHA) Government Affairs Committee, and Bruce Kaminstein, CEO of Casabella Holdings LLC, about their perspectives on preference law under § 547. Matschullat and Kaminstein talk about IHA's proposal for § 547 to be changed to shift the burden of proof to the trustee, rather than creditors, that a payment is not a preference
Examining Mortgage Lien-Stripping Cases Before The Supreme Court
Former ABI Resident Scholar Prof. Lois Lupica is joined by Dennis Levine of Dennis LeVine & Associates, P.A. (Tampa) and Rich Thomson of Clark and Washington, P.C. (Atlanta) to discuss two cases recently granted certiorari by the Supreme Court (Bank of America v. Calukett and Bank of America v. Toledo-Cardona) involving mortgage lien-stripping in bankruptcy. Levine, who typically represents creditors, and Thomson, a debtor’s lawyer, share their perspectives on arguments that may be raised before the Court for both cases.
Examining Controversial National Chapter 13 Plan Form Proposal
ABI Resident Scholar Prof. Anne Lawton talks with Chief Bankruptcy Judges Rebecca Connelly (W.D. Va.) and Brian Lynch (W.D. Wash.) about the proposed national chapter 13 plan form being considered by the Committee on Rules of Practice and Procedure of the Judicial Conference of the U.S. Judges Connelly and Lynch, who testified at a Jan. 23 public forum before the Committee on the proposed plan, also discuss points raised by sides supporting the national plan form, and those critical of the proposal.
Submissions on the proposal are being accepted until Feb. 17. To submit a comment on the proposal, please follow these instructions.
Examining Oral Argument in Wellness Case
ABI Resident Scholar Prof. Anne Lawton is joined by Jonathan Landers of Scarola Malone & Zubatov LLP (New York), Brady Williamson of Godfrey & Kahn, S.C. (Madison, Wis.) and Prof. S. Elizabeth Gibson, the Burton Craige Professor of Law at the University of North Carolina (Chapel Hill, N.C.), to discuss the oral argument in Wellness International Ltd. v. Sharif currently being considered by the Supreme Court. All three guests are conferees of the National Bankruptcy Conference and authored a report titled “Wellness International Ltd. v. Sharif: Stern and State Law Claims and The Constitutional Validity of Consent.”
To read the report by Landers, Williamson and Brady, please click here.
Examining "Bankruptcy Survival Calculator"
ABI Resident Scholar Prof. Anne Lawton talks with Profs. Lynn LoPucki and Joseph Doherty of the UCLA School of Law about their forthcoming article in the UCLA Law Review titled, “Bankruptcy Survival.” LoPucki and Doherty discuss their article and the model they have created for predicting a chapter 11 case’s probability for a company to emerge as a stand-alone business after bankruptcy. The “Bankruptcy Survival Calculator” utilizes variables and data from the LoPucki Bankruptcy Research Database.
To try the “Bankruptcy Survival Calculator,” please click here.
To view the LoPucki Bankruptcy Research Database, please click here.
Bankruptcy Judge And Scholar Debate Professional Fee Issue Currently Before Supreme Court
The latest ABI podcast features former ABI Resident Scholar Prof. Anne Lawton speaking with three co-authors of one of ABI's newest titles, A Practitioner's Guide to Liquidation and Litigation Trusts. David Bart of McGladrey LLP (Chicago), Daniel Doyle of Lashly & Baer PC (Saint Louis) and Michael Reed of Pepper Hamilton LLP (Philadelphia) discuss the book and important issues pertaining to liquidation and litigation trusts in bankruptcy proceedings.
For further insights and analysis of liquidation and litigation trusts, be sure to pick up a copy of A Practitioner's Guide to Liquidation and Litigation Trusts from the ABI Bookstore. The book includes a thumb drive containing more than 1,000 additional pages of sample documents from liquidation and litigation trust cases. (Log in to receive the ABI member price!)
http://www.abi.org/bookstore/practitioners-guide-liquidation-and-litigation-trusts
Latest ABI Podast Looks at CFPB'S Proposed Regulations on Payday and Vehicle Title Loans
ABI Resident Scholar Prof. Anne Lawton talks with Jon Pearson of Ballard Spahr LLP about the Consumer Financial Protection Bureau's recently proposed regulations on payday and vehicle title loans
Looking at Limited Liability Partnerships in Bankruptcy
ABI's latest podcast features former ABI Resident Scholar Anne Lawton speaking with Prof. Christine Hurt of BYU Law about issues that can arise with limited liability partnerships in bankruptcy. Prof. Hurt discusses her research about these issues, including recent "unfinished business claims" in law firm bankruptcies.
Examining Issues Surrounding Litigation and Liquidation Trusts
The latest ABI podcast features former ABI Resident Scholar Prof. Anne Lawton speaking with three co-authors of one of ABI's newest titles, A Practitioner's Guide to Liquidation and Litigation Trusts. David Bart of McGladrey LLP (Chicago), Daniel Doyle of Lashly & Baer PC (Saint Louis) and Michael Reed of Pepper Hamilton LLP (Philadelphia) discuss the book and important issues pertaining to liquidation and litigation trusts in bankruptcy proceedings.
For further insights and analysis of liquidation and litigation trusts, be sure to pick up a copy of A Practitioner's Guide to Liquidation and Litigation Trusts from the ABI Bookstore. The book includes a thumb drive containing more than 1,000 additional pages of sample documents from liquidation and litigation trust cases. (Log in to receive the ABI member price!)
http://www.abi.org/bookstore/practitioners-guide-liquidation-and-litigation-trusts