Abi Podcast

Can Chapter 11 Work for Large Financial Firms The latest ABI Podcast is a conversation between ABI Resident Scholar Juliet Moringiello and Prof. Stephen Lubben of Seton Hall University School of Law discussing the use of Chapter 11 to deal with the failure of systemically significant financial institutions.

Why Walkaway Defaults are Growing The latest ABI podcast examines the growth in the 'walkaway' phenomena, as underwater home borrowers simply give up on paying their mortgage, even in so-called recourse states. Executive Director Sam Gerdano discusses the rise in 'strategic default' with California-based lender Richard Zahm and why it's here to stay.

The Critical Role of Private Equity ABI Executive Director Samuel G. Gerdano talks with Peter S. Kaufman and Henry F. Owsley, the co-founders of the Gordian Group LLC, an investment bank specializing in distressed investments. Kaufman and Owsley discuss some of the current challenges for private equity firms looking to invest in distressed companies during the current economic downturn.

Chapter 9 Experts Discussing Municipal Distress The latest ABI Podcast features a panel discussion led by ABI Resident Scholar Prof. Juliet Moringiello and Patrick Darby of Bradley Arant Boult Cummings LLP, Daniel Egan of DLA Piper LLP, Marc Levinson of Orrick, Herrington & Sutcliffe LLP and George South of DLA Piper LLP to discuss municipal distress. As four of the five authors of Municipalities in Peril: The ABI Guide to Chapter 9, Darby, Egan, Levinson and South discuss their book and some of the unique problems that arise under chapter 9. They also discuss recent chapter 9 filings, including Vallejo, Calif. and cities reportedly said to have considered a chapter 9 filing, including Jefferson County, Ala. Click here to listen to the podcast.

Reforming Small Business Bankruptcy The latest ABI Podcast is a conversation between ABI Resident Scholar Juliet Moringiello and Melissa Jacoby, the George R. Ward Prof. of Law at the University of North Carolina School of Law, discussing potential reforms to small business bankruptcy. Prof. Jacoby discusses why chapter 11 is a difficult fit for many financially distressed small businesses and some of the potential fixes to the Bankruptcy Code that would be more suitable to a small business looking to file for bankruptcy

Beware Labor Law Traps When Restructuring a Workforce Prominent management-side labor lawyer Mark DeBernardo (Jackson Lewis; Washington) provides tips for restructuring professionals needing effective and legally sound ways to downsize a workforce. He identifies the most common and costly mistakes made by employers in implementing layoffs and describes the evidence needed to make a business justification for reductions-in-force.

Examination of the Poverty Business ABI Executive Director Sam Gerdano talks with Gary Rivlin, the author of BROKE, USA: From Pawnshops to Poverty, Inc. – How the Working Poor Became Big Business. Rivlin's book features his research into the 'poverty business,' examining how payday lenders, check cashers and other subprime lenders target those consumers that are most economically susceptible to financial shocks.

Foreclosures Rise Despite Govt Programs The massive Wall Street and Consumer Protection Act is billed as Washington's solution to prevent a recurring financial meltdown. But the law doesn't do much to address the housing finance nightmare at the root of the weak economy. In the latest ABI Podcast, Executive Director Sam Gerdano discusses what's next for the mortgage industry with Gibran Nicholas, the CEO of the Certified Mortgage Planning Specialist Institute and a home mortgage expert. How will the new law impact underwriting guidelines and interest rates? Will strategic defaults continue? Should Congress reconsider using chapter 13 to modify the mortgage principal down to current market values, as a way to save homes?

Examining Distress in the Commercial Real Estate Market With $1.4 trillion in commercial property loans coming due over the next four years, lenders are expected to face overwhelming demand to refinance existing borrowings. ABI's Executive Director Sam Gerdano talks with Paul Melville and Sandy Reese, both principals in Grant Thornton LLP's Corporate Advisory & Restructuring Services and authors of the white paper titled Commercial Real Estate: Why a Rising Tide Won't Lift All Boats. The white paper found that opportunities to refinance existing commercial real estate (CRE) loans may be limited as capital continues to be tough to come by.

Does Debtor Financial Education Matter ABI Resident Scholar Laura Bartell (Wayne State University Law School) visits with Prof. Katherine Porter (University of Iowa College of Law) and Prof. Deborah Thorne (Ohio University) about their recent empirical study concerning debtors' perception of the financial management course requirement mandated by BAPCPA. The study found that while many debtors express optimism about the future benefits of financial education, only about one in three debtors believes financial education could have prevented their bankruptcy. The findings have implications for designing financial education curricula and for understanding the causal relationship between financial distress and financial knowledge.

Examining the Mortgage Foreclosure Documentation Mess The latest ABI podcast features a conversation between ABI Resident Scholar Prof. Laura Bartell and bankruptcy attorney and Clean Slate blog author Andy Winchell discussing the recent mortgage foreclosure documentation crisis. In addition to involvement in consumer cases with poor mortgage documentation, Winchell examines issues related to the large-scale mortgage foreclosure documentation problems recently admitted by Bank of America, JP Morgan Chase and Ally Financial.

Prof. David Skeel Discusses the Dodd-Frank Act The latest edition of ABI's Podcast series features ABI Resident Scholar Prof. Laura Bartell and Prof. David Skeel of the University of Pennsylvania's Law School discussing topics raised in his new book, The New Financial Deal: Understanding the Dodd-Frank Act and Its (Unintended) Consequences.

Bankruptcy in the Supreme Court ABI Resident Scholar Laura Bartell interviews Prof. Richard Lieb, director of the Supreme Court Amicus Brief Seminar at St. John's University School of Law, where LL.M. students prepare and file briefs on behalf of bankruptcy law professors in seminal bankruptcy appeals. The class recently filed an amicus brief in the matter of Stern v. Marshall, pending for oral argument this term.

Turnaround Underground ABI Deputy Executive Director Amy Quackenboss sits down with Adrienne Blankley, founding member and board member of Turnaround Underground, which now includes ABI as a sponsor. Blankley, an associate with KattenMuchinRoseman LLP in New York, discusses Turnaround Underground, which was founded in January 2010 to provide networking opportunities for midlevel restructuring professionals. Since its inception, Turnaround Underground has hosted an event nearly every month and reaches more than 800 professionals in the restructuring field. Listen to Blankley provide more information about the group and its initiatives in 2011.

Foreclosure Defense Specialist The latest ABI Podcast features ABI Resident Scholar Jean Braucher speaking with Matthew Weidner of the Law Offices of Matthew Weidner, P.A. (St. Petersburg, Fla.). Credited by the Wall Street Journal for coining the the phrase 'robo-signers,' Weidner's practice focuses on foreclosure defense for homeowners in Florida, consumer and commercial finance transactions and civil litigation.

Scholars Perspective of the Subprime Meltdown The latest ABI Podcast features ABI Resident Scholar Jean Braucher speaking with Prof. Kathleen C. Engel of Suffolk University Law School. Discussing The Subprime Virus: Reckless Credit, Regulatory Failure, and Next Steps, a recently released book that she co-authored with Prof. Patricia A. McCoy of the University of Connecticut, Prof. Engel examines the consumer abuses and regulatory inaction that led to the recent financial crisis.

Allowing States To File For Bankruptcy ABI Resident Scholar Jean Braucher talks with Grant Thornton LLP's Martha Kopacz and Robert Childree, authors of the research paper 'Too Big to Fail or Too Big to Bail (Out).' They discuss the pros and cons of enacting a Bankruptcy Code change to allow for states to file for bankruptcy.Click here to read the Grant Thornton research paper,'Too Big to Fail or Too Big to Bail (Out).'

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.