Abi Podcast

Examining Small Businesses Recovering From Bankruptcy The latest edition of ABI's podcast series features ABI Resident Scholar Jean Braucher speaking with Aparna Mathur, Resident Scholar at the American Enterprise Institute, to discuss Mathur's report entitled Beyond Bankruptcy: Does the Bankruptcy Code Provide a Fresh Start to Entrepreneurs? Mathur's report was developed within the Small Business Administration's Office of Advocacy. Mathur provides insight into her study as well as her thoughts on small businesses looking to recover from bankruptcy. Click here to read the report,Beyond Bankruptcy: Does the Bankruptcy Code Provide a Fresh Start to Entrepreneurs?

Examining Orchestra Bankruptcy Filings ABI's latest podcast features ABI Executive Director Sam Gerdano talking with Jeffrey K. Garfinkle, a shareholder and head of Buchalter Nemer's Insolvency and Bank and Finance Practice Groups, about the recent trend of symphony orchestra bankruptcy filings. Garfinkle was the lead attorney in the bankruptcy and successful restructuring of the San Diego Symphony Orchestra in the mid-1990s. With the Philadelphia, Louisville, Syracuse and Honolulu symphony orchestras filing for bankruptcy in the past year, Garfinkle discusses his work in the San Diego Orchestra restructuring and his thoughts on the recent trend of symphony orchestra filings.

Saving Homes With Loss Mitigation Bankruptcy Judge Cecelia Morris (SDNY) talks about her court's program to help homeowners reach a loan modification through bankruptcy.

Examining Bankruptcy Tax Case Now Before The Supreme Court The latest ABI Podcast features ABI Executive Director Sam Gerdano speaking with Joseph Peiffer of Day Rettig Peiffer, P.C. discussing a bankruptcy tax case that was recently granted certiorari by the Supreme Court. The Supreme Court in the case of Hall v. U.S. will look at whether a debtor must pay taxes on the sale of a farm in chapter 12. Peiffer has extensive experience in bankruptcy tax matters, including a similar case decided by the U.S. Court of Appeals for the Eighth Circuit in 2009.

Examining Ramifications Of Supreme Courts Decision In Stern v. Marshall The 100th edition of the ABI Podcast takes a special look at the potential aftereffects of the Supreme Court's ruling in Stern v. Marshall. ABI Executive Director Sam Gerdano speaks with Prof. Kenneth Klee of the UCLA School of Law, who served on the amicus brief for Marshall and prepared an analysis for Lexis of the case, and Stephen W. Sather of Barron & Newburger, P.C., who has followed and examined the case on his Texas Bankruptcy Lawyer's Blog.

Examining Consumer Bankruptcy Developments Since BAPCPA The latest ABI Podcast features a discussion between ABI Executive Director Sam Gerdano and Alane A. Becket and William A. McNeal of Becket and Lee (Malvern, Pa.), authors of the recently released Consumer Bankruptcy: Fundamentals of Chapter 7 and 13, Third Edition. Becket and McNeal discuss some recent points raised in the book, inlcuding discussions on the changes in the law since BAPCPA and recent consumer developments in practice and the courts.

AEIs Alex Pollock Discusses Recent Housing Finance Proposals The latest ABI podcast features ABI Executive Director Sam Gerdano talking with American Enterprise Institute Fellow Alex J. Pollock about recent housing finance reform proposals aimed at correcting the housing market. Pollock, a former president and chief executive officer of the Federal Home Loan Bank of Chicago who now focuses on housing finance at AEI, discusses how the new proposals may help or harm homeowners and lenders.

Special ABI International Podcast Featuring Judge on Dubai World Tribunal ABI Resident Scholar Jason Kilborn talks to the honorable Sir John Chadwick, a sitting Judge of the Dubai International Financial Centre Courts and one of the judges of a special Tribunal set up to deal with the aftermath of the financial distress of Dubai World.

Examining Control Fraud Theory and the Mortgage Meltdown The latest ABI Podcast features ABI Resident Scholar Jason Kilborn talking with Prof. William Black, Associate Professor of Economics and Law at the University of Missouri-Kansas City, about Prof. Black's theory of 'control fraud' and its implications for understanding the causes of and potential remedies for the mortgage meltdown.

Discussion of Pending Supreme Court Case Examining Discharge of Priority Government Claims in Chapter 12 The latest ABI Podcast features ABI Resident Scholar Jason Kilborn talking with Georgia State Law Prof. Jack Williams about Hall v. U.S., currently pending before the Supreme Court. Prof. Williams submitted an amicus brief supporting the debtors' argument that capital gains taxes from the post-petition sale of a family farm should be subject to the special provision for discharge of priority government claims in chapter 12 farm reorganizations.

Trade Creditors Rights ABI Deputy Executive Director Amy Quackenboss speaks with Bruce Nathan and Scott Cargill of Lowenstein Sandler (New York), the authors of ABI's Trade Creditor Remedies Manual. Nathan and Cargill discuss the publication and a few best practices for trade creditors to follow when a customer files for bankruptcy.

Future of U.S. Automobile Manufacturing Industries ABI Executive Director Sam Gerdano talks with Paul Ingrassia, the Deputy Editor in Chief at Thomson Reuters. Ingrassia, the keynote speaker at ABI's 2011 Canadian-American Insolvency Symposium and author of Crash Course: The American Automobile Industry's Road to Bankruptcy and Bailout-and Beyond, discusses the past, present and future of the automobile industry and the future of U.S. manufacturing.

CARE Program and Dangers of Youth Credit Abuse The latest ABI podcast features ABI Executive Director Sam Gerdano speaking with retiring Bankruptcy Judge John C. Ninfo II (W.D.N.Y.; Rochester), the founder of the Credit Abuse Resistance Education (CARE) Program. The program, which ABI started administering at the end of 2011, was founded by Judge Ninfo in 2002 to motivate young people to understand and appreciate the techniques necessary to avoid the severe consequences of credit abuse. Judge Ninfo discusses how bankruptcy professionals, judges, trustees, attorneys and court staff comprise the CARE volunteer network, which spans all 50 states and the District of Columbia. In live presentations, these professionals share with high school and college students their unique knowledge, experiences and credibility on the basics of personal finance, household budgeting and the dangers of financial illiteracy.Be sure to visit the recently relaunched CARE website at http://care4yourfuture.org/

Expert Discussing Book On How Debt Bankrupts The Middle Class The latest ABI podcast features ABI Resident Scholar David Epstein talking with Prof. Katie Porter of the University of California-Irvine School of Law, one of the leading authorities of consumer bankruptcy. Porter discusses her book, Broke: How Debt Bankrupts the Middle Class, and provides insight on how to analyze trends in consumer bankruptcy.

Constitutional Expert Discussing Issues Stemming From Stern V. Marshall Prof. Erwin Chemerinsky, the current and founding dean of the University of California, Irvine School of Law, joins ABI Resident Scholar David Epstein to discuss some of the constitutional issues of the Supreme Court's ruling last year in Stern v. Marshall. Chemerinsky, one of the leading scholars on constitutional law, talks about the decision and issues surrounding when bankruptcy courts will be able to issue a final decision in a case.

U.S. Trustee Officials Highlight Areas of the New Mortgage Servicing Settlement Important to Debtors and Bankruptcy Professionals The latest ABI podcast features ABI Resident Scholar David Epstein talking with Clifford J. White, director of the U.S. Trustee Program, and Ramona D. Elliott, deputy director and general counsel of the U.S. Trustee program, about the $25 billion mortgage servicing settlement announced on Feb. 9. The settlement was reached between 49 states and the five largest mortgage servicers to address mortgage loan servicing and foreclosure abuses. White and Elliott review key portions of the settlement and highlight a few of important areas for debtors and bankruptcy professionals.

Single Asset Real Estate Book Author The latest ABI podcast features ABI Resident Scholar David Epstein talking with David Kuney of Sidley Austin LLP (Washington, D.C.), the author of the recently released the Single Asset Real Estate Case: Basic Principles and Strategies. In addition to discussing the new book, Kuney talks about some of the history of single-asset real estate cases and recent case trends.

Federal Reserve Economist Discussing The Effect Of Tarp On Bank Risk-Taking ABI Resident Scholar David Epstein talks with Dr. Lamont Black, an economist Federal Reserve Board, who recently published a paper titled 'The Effect of TARP on Bank Risk-Taking.' Drawing on his research, Black discusses how TARP was originally intended to stabilize the financial sector through the increased capitalization of banks, but that recipients of TARP funds were then encouraged to make additional loans despite increased borrower risk.

Discussion of the Supreme Court RadLAX Case Listen to a conversation between ABI Resident Scholar David Epstein and Prof. Douglas Baird of the University of Chicago Law School as they discuss the RADLax case before the Supreme Court. Oral arguments in the case, which looks at credit bidding in chapter 11 proceedings, were held April 23.

Special ABI Podcast Examining Supreme Courts Decision In U.S. v. Hall The U.S. Supreme Court ruled (5-4) on May 14 in the case of U.S. v. Hall that farmers who sell farm assets during a bankruptcy reorganization under chapter 12 of the Bankruptcy Code are liable for the full amount of the capital gains tax that resulted from the sale. In this special podcast, ABI has assembled three experts involved in the case to discuss the Court's decision and potential ramifications of U.S. v. Hall. Prof. David Epstein, Moderator - ABI Resident Scholar Susan M. Freeman of Lewis and Roca LLP (Phoenix, Ariz.) represented the petitioners before the Supreme Court and presented the oral arguments in the case. Joseph A. Peiffer of Day Rettig Peiffer, PC (Cedar Rapids, Iowa) is the counsel of record for the amicus brief filed by Profs. Neil Harl, Jack Williams and Robert Himschoot in support of the petitioners. Prof. Jack F. Williams of Georgia State University / Mesirow Financial Consulting, LLC (Atlanta) filed an amicus brie