Abi Podcast

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.