Abi Podcast

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.

This edition of ABI Podcast features experts examining the Supreme Court’s February 22 opinion in Bartenwerfer v. Buckley. ABI Editor-at-Large Bill Rochelle talks to Profs. Lawrence Ponoroff and David Kuney about the Court's unanimous February 22, 2023, holding that Section 523(a)(2)(A) precludes a debtor from discharging in bankruptcy a debt obtained by fraud, regardless of her own culpability.

The inaugural TechBytes podcast features ABI Emerging Industries and Technology Committee co-chair Matthew T. Faga, Esq. of Markus Williams Young & Hunsicker LLC (Denver) talking with ABI Chief Operating Officer Karim Guirguis about the evolution of his career at ABI and the technology that propels the organization forward.

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. ht

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.