ABI Podcast

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...

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...

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. Jud...

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...

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...

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...

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 int...

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 Bankrup...

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,...

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).

Recorded on 7/28/2016 Mediation Issues

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 secu...

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 litigati...

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...

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 coerci...

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

Commercial Fraud Committee call on 5-25-2016

ABI Podacst 187 for review by ABI

Abi Podcast 186 - for review by ABI

Mediation and Bankruptcy Litigation Committee

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.