American Bankruptcy Institute Podcasts

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.

Retiring Bankruptcy Judge Steven Rhodes (E.D. Mich.) reflects on his experiences in presiding over the largest municipal bankruptcy case in U.S. history. Detroit filed for chapter 9 on July 18, 2013; Judge Rhodes confirmed the city’s plan of adjustment on Nov. 7, 2014, paving the way for Detroit to exit bankruptcy. For more on the Detroit case, including news, filings and analysis, visit http://news.abi.org/detroit.

ABI Resident Scholar Lois Lupica is joined by Prof. Kenneth Klee of UCLA’s School of Law and Klee, Tuchin, Bogdanoff & Stern LLP (Los Angeles) to take a look at how the Supreme Court has historically handled bankruptcy issues. Klee, who recently completed Bankruptcy and the Supreme Court: 1801-2014 (West Academic, 2015) with co-author Whitman L. Holt, examines recent Article III decisions and bankruptcy litigation topics, among other issues.

Watch ABI Resident Scholar Lois Lupica speak with Fortalice CEO Theresa Payton, cybersecurity expert and former White House CIO, about cybersecurity and privacy in the age of big data. Payton, the keynote speaker at ABI's Winter Leadership Conference, discusses recent bank and retail security breaches, and provides tips for keeping your information secure.

ABI Resident Scholar Lois Lupica interviews Jake Halpern, author of the hot new book Bad Paper: Chasing Debt from Wall Street to the Underworld. Named a Best Book of the Month for October by Amazon, it's a riveting tale of the seamy world of debt collecting and the shady characters in the multi-billion dollar business.

ABI's latest podcast features Resident Scholar Prof. Charles Tabb talking with Edward S. Weisfelner of Brown Rudnick LLP (New York). Weisfelner, the author of ABI's newest title, Advanced Fraudulent Transfers: A Litigation Guide, discusses the book and the growth in fraudulent conveyance litigation following failed leveraged transactions.

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.

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.

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.

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.

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.

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.

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).

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."

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.