Abi Podcast

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.