ABI Podcast

In a podcast jointly hosted with the National Creditor Bar Association (NARCA), ABI Resident Scholar Andrew Dawson talks with Lauren Burnette of Barron & Newburger, P.C. in Austin, Texas, and consumer attorney Nick Wooten in Auburn, Ala., about the May 15 Supreme Court decision in Midland Funding LLC v. Johnson. Mr. Wooten represented the debtor in the related case of Crawford v. LVNV Funding, and Ms. Burnette co-authored an amicus brief on behalf of the creditor. http://www.abi.org/supreme-court-opinions/midland-funding-llc-v-johnson-no-16-348
Click here to read the decision. https://www.supremecourt.gov/opinions/16pdf/16-348_h315.pdf

ABI Resident Scholar Andrew Dawson talks with Israel Shaked of the Michel-Shaked Group in Boston and Robert F. Reilly of Willamette Management Associates, Inc. in Chicago about the ways in which they have expanded on valuation in the bankruptcy context in the latest edition of their comprehensive guide A Practical Guide to Bankruptcy Valuation, Second Edition — and why the art of valuation is more important than ever in insolvency practice.

ABI Resident Scholar Andrew Dawson talks with Chief Bankruptcy Judge Brendan Shannon (D.Del.; Wilmington) and Prof. Anthony Casey of the University of Chicago Law School about intercreditor and "bad boy" agreements in corporate bankruptcy cases. Prof. Casey is a co-author of "Bankruptcy on the Side," a paper that examines the question of how judges should interpret and enforce side agreements. Judge Shannon, with more than 12 years of experience on the Delaware bench, provides his thoughts on the research and the challenges that these often side agreements present in his courtroom.

Episode - 199
ABI Resident Scholar Prof. Drew Dawson is joined by Prof. Megan McDermott of the University of Wisconsin Law School (Madison) to explore her research of Justice Scalia's "textualist" approach to the Bankruptcy Code and the parallels that Judge Gorsuch has taken in his jurisprudence.

ABI Resident Scholar Drew Dawson talks with Matthew A. Bruckner, Assistant Professor of Law at Howard University School of Law, about his recent research examining the financial struggles of the higher education sector. Bruckner, who recently wrote "Higher Ed ‘Do Not Resuscitate’ Orders" and the "Bankrupting Higher Education" (forthcoming), discusses his thoughts on why all financially distressed colleges, both for-profit and public, should be allowed to reorganized in chapter 11.

ABI Resident Scholar Drew Dawson talks with Neil Steinkamp of Stout Risius Ross (New York) about his recently released Understanding Ordinary: A Primer on Financial and Economic Considerations for the Ordinary Course Defenses to Bankruptcy Preference Actions, 2nd Edition. Steinkamp discusses the new edition of Understanding Ordinary, bankruptcy preference matters and his expertise in the ordinary course of business defense

Episode 196
As there are states without debt restructuring mechanisms for struggling local governments, ABI Resident Scholar Drew Dawson discusses a proposal by Prof. Samir Parikh to encourage recalcitrant state legislatures to enact the structural changes their local governments need. Prof. Parikh discusses his proposal contained within his forthcoming research, "Falling Cities and the Red Queen Phenomenon." Joining Dawson and Parikh to discuss the proposal and research is Marc Levinson of Orrick (Sacramento, Calif.), who was the lead attorney in the chapter 9 filings in Stockton, Calif., and Vallejo, Calif.

ABI Executive Director Amy Quackenboss talks with Prof. Susan E. Hauser of North Carolina Central University School of Law (Durham, N.C.) and attorney Daniel A. Austin (Cranberry Township, Pa.), authors of the recently released Graduating with Debt: Student Loans under the Bankruptcy Code, 2nd Edition. Hauser and Austin, authors of the original edition of Graduating with Debt, provide insights into the new edition and their perspectives on new case law, litigation issues and legislation centered on student loans and bankruptcy.