ABI Podcast

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 th...

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 Cent...

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 Col...

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-fun...

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....

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 th...

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 Environ...

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 fin...

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...

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...

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 decis...

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...

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 discus...

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 th...

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...

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...

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. Sha...

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-...

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 Pep...

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 (Philadelp...