ABI Podcast

As wild fluctuations in cryptocurrency value invites a potential surge in bitcoin-related bankruptcies, a guest on ABI's latest podcast examines how to approach cryptocurrency in fraudulent-transfer litigation. ABI Executive Director Sam Gerdano talks with Alan Rosenberg of Markowitz, Ringel, Trusty + Hartog, PA (Miami), author of the February ABI Journal article "The Cryptocurrency Craze: How to Treat Bitcoins in Fraudulent-Transfer Litigation," about what practitioners should know about bitcoin and potential approaches to fraudulent-transfer litigation involving cryptocurrency.

ABI Deputy Executive Director Amy Quackenboss talks with Christopher A. Ward of Polsinelli (Wilmington, Del.) and Ryan G. Foley of Shook Hardy & Bacon, LLP (Philadelphia) about their new publication, Business Creditor's Guide to Distressed Vendors, Debt Collection and Bankruptcy. Ward, a member of ABI's Board of Directors, and Foley, a member of ABI's inaugural "40 Under 40" class, teamed up to write about options available to help screen a business's customers, plan for worst-case scenarios, and, if the situation does arrive, efficiently handle the financial fallout. The authors discuss strategies for business owners in the event that a major customer files for bankruptcy and leaves behind a large unpaid account receivable.

ABI Executive Director Sam Gerdano speaks with Joseph A. Peiffer of Ag & Business Legal Solutions (Cedar Rapids, Iowa) about a chapter 12 amendment that was enacted into law at the end of October. While incorporated into legislation that dealt with disaster aid and extending bankruptcy judgeships, the amendment clarifies a rule allowing discharge to governmental claims arising from the disposition of farm assets under chapter 12. Peiffer, an attorney with more than 30 years of bankruptcy and agricultural law experience, explains the history of the issue, what the amendment does and how it will impact chapter 12 debtors going forward.

As retail bankruptcy filings continue to climb in 2017, ABI Executive Director Sam Gerdano speaks with Amir Agam of FTI Consulting (Los Angeles) and Bradford J. Sandler of Pachulski Stang Ziehl & Jones (Wilmington, Del.) about the reasons behind the ongoing retail downturn.

ABI Executive Director Sam Gerdano talks with Prof. Robert Lawless, the Reporter for the ABI Commission on Consumer Bankruptcy. Lawless, the Max L. Rowe Professor of Law and co-director of the Program on Law, Behavior & Social Science at the University of Illinois College of Law, provides a recap of Commission activity to date and previews future work by the Commission, including public meetings at NABT's annual conference in New Orleans on Sept. 15 and NCBJ's annual meeting in Las Vegas on Oct. 10.

Former Two-Time ABI Resident Scholar Jack F. Williams, an Adjunct Professor of Law at Georgia State University College of Law, and Susan H. Seabury, both with Baker Tilly Virchow Krause, LLP in Atlanta, discuss gathering business valuation evidence, why various parties might read the evidence in different ways, and how to best overcome challenges in court when admitting valuation evidence.

ABI editor-at-large Bill Rochelle talks with consumer law scholar Prof. Jeff Sovern of St. John’s University School of Law and consumer bankruptcy attorney John R. Bollinger of the Boleman Law Firm about the Supreme Court's June 12 opinion in Henson v. Santander Consumer (No. 16-349). After the court ruled that a debt collector who purchases a debt for its own account is not a debt collector covered by the FDCPA, Sovern and Bollinger examine the potential effects that the decision will have on both debt collectors and consumers.

ABI Resident Scholar Drew Dawson talks with Prof. Chris Odinet of the Southern University Law Center about "marketplace lenders," online firms that utilize automation for underwriting and big data to quickly process loans. Prof. Odinet's new research, "Consumer Bitcredit and Marketplace Lending," looks at how these firms grew out of the void left by banks that exited the consumer and small business lending after the 2008 financial crisis, and the role that they will play in consumer credit going forward.