LexisNexis® Bankruptcy Law Community Podcast

On this edition, Ancela Nastasi of Fulbright & Jaworski and Kenneth Klee of Klee, Tuchin, Bogdanoff & Stern discuss the May 29, 2012 U.S. Supreme Court decision in RadLAX Gateway Hotel LLC v. Amalgamated Bank in which the court held that a secured creditor has a right to credit bid its secured debt under a Chapter 11 plan of reorganization that provides for a sale of its collateral. Copyright© 2012 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Brett Weiss and Daniel Press of Chung & Press discuss their publication Chapter 11 for Individual Debtors: A Collier Monograph, which is available from LexisNexis. They talk about their motivation for the book, differences between a chapter 13 and individual chapter 11, tax implications, cramdowns and the absolute priority rule. Copyright© 2012 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Kathy Bazoian Phelps of Danning, Gill, Diamond & Kollitz, LLP in Los Angeles discusses litigation arising from Ponzi schemes and details the legal theories for pursing claims against financial institutions, accountants and attorneys. She highlights trends in clawback/fraudulent transfer litigation and describes the red flags that may indicate the existence of a Ponzi scheme. Ms. Phelps is co-author of The Ponzi Book: A Legal Resource for Unraveling Ponzi Schemes, which is available for purchase at www.lexisnexis.com/ponzibook. Copyright© 2012 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Robert J. Stark, partner in Brown Rudnick LLP's Bankruptcy and Corporate and Restructuring Group and lead editor of the new Contested Valuation in Corporate Bankruptcy: A Collier Monograph published by LexisNexis Matthew Bender, talks about the book's scope, its uniqueness, its 35 contributing authors, and the emerging valuation thought culture. He analyzes how valuation comes into play in corporate bankruptcy, pitfalls of valuation models in the chapter 11 process and the frequent disconnect between academic valuation theory and bankruptcy practice in recent cases. Copyright© 2012 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Robert W. Stocker II and Peter J. Kulick of Dickinson Wright PLLC in Lansing, Mich. discuss key legal issues arising in gambling casino chapter 11 bankruptcy cases. They analyze factors contributing to the rise in such filings and unique issues that exist. Mr. Stocker and Mr. Kulick are contributing authors for a chapter on these issues in the LexisNexis Matthew Bender treatise "Collier Guide to Chapter 11: Key Topics and Selected Industries." Copyright© 2011 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Douglas Lipke and Michael Edelman of Vedder Price P.C. discuss legal issues in airline reorganizations. They review special protections available to creditors of airline equipment and requirements for Bankruptcy Code section 1110 protection, and provide practice tips for counsel representing airline creditors and debtors. They are contributing authors for a chapter on issues arising in airline chapter 11 bankruptcy cases for the LexisNexis Matthew Bender treatise, Collier Guide to Chapter 11: Key Topics and Selected Industries. Copyright© 2011 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Ancela R. Nastasi of Richards Kibbe & Orbe LLP in New York discusses the background and holding of the 7th Circuit U.S. Court of Appeals in In re River Road HotelPartners, LLC. She analyzes the implications of the court's ruling upholding the right of a secured lender to credit bid under a plan and the split in authority among several circuits. Copyright© 2011 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Henry Sommer, co-editor in chief of Collier on Bankruptcy and the LexisNexis Matthew Bender Collier line of bankruptcy publications and Kenneth Klee, Professor at UCLA School of Law, discuss the U.S. Supreme Court's June 23, 2011 opinion in Stern v. Marshall. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Christopher W. Frost, Frost Brown Todd Professor of Law at the University of Kentucky College of Law discusses his recently authored Collier Monograph: Corporate Governance in Insolvency and Bankruptcy, published in May 2011 by LexisNexis Matthew Bender. He talks about the monograph's approach, how corporate governance changes in the case of insolvency or bankruptcy as well as the role of the bankruptcy court. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, David R. Kuney of Sidley Austin LLP discusses some of the key legal issues that arise in real estate Chapter 11 cases. He touches on how bankruptcy cases have changed over the years, developments in the new value exception to the absolute priority rule, the impact of several recent cases and possible trends as to real estate business Chapter 11 filings. Mr. Kuney contributed a chapter on the subject for Collier Guide to Chapter 11 Cases: Key Issues and Selected Industries, available from LexisNexis. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Ancela Nastasi, partner in the Restructuring and Bankruptcy Group at Richards Kibbe & Orbe LLP, explains "secured lender," intercreditor agreements, credit bidding, loan to own strategies and cram-down. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Adam Rogoff of Kramer Levin's New York office discusses factors contributing to the financial distress of hospitals and healthcare providers, key legal issues that arise in healthcare business Chapter 11 bankruptcy cases and Bankruptcy Code sections that are specific to health care cases. Mr. Rogoff contributed a chapter on issues that arise in Chapter 11 cases involving hospitals and healthcare businesses in the new Collier Guide to Chapter 11: Key Issues and Selected Industries. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, James Spiotto, the head of the bankruptcy practice at Chapman and Cutler, discusses his recent testimony before a House judiciary subcommittee on "The Role of Public Employee Pensions in Contributing to State Insolvency and the Possibility of State Bankruptcy Chapter" where he urged lawmakers to reconsider a proposal that would grant financially troubled states the right to file for bankruptcy. He explains the benefits and problems of enacting bankruptcy protection for states and possible remedies if states are not allowed to file for bankruptcy. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Benjamin D. Feder of Kelley Drye & Warren LLP discusses the background of the lawsuit filed by Irving Picard, trustee of Bernard L. Madoff Investment Securities LLC, against the Wilpon Group, owner of the New York Mets. Mr. Feder explains the issues involved in the lawsuit and the bankruptcy judge's appointment, on his own initiative, of former New York Governor Mario Cuomo as a mediator. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Henry Sommer, co-editor in chief of Collier on Bankruptcy and the LexisNexis Matthew Bender Collier line of bankruptcy publications and Kenneth Klee, Professor at UCLA School of Law, discuss the U.S. Supreme Court's Jan. 11, 2011 opinion in Ransom v. FIA Card Services. They outline the issue addressed, the majority's reasoning, questions left open by the decision and the case's likely impact on practitioners. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, James D. Higgason Jr., partner in the trial section of the Houston office of Andrews Kurth LLP, discusses his chapter titled Fraudulent Transfer Action Claims Against the FDIC in Bank Holding Company Cases that appears in the Collier Guide to Chapter 11, Key Topics and Selected Industries. He explains how the FDIC can engage in regulatory overreaching, the remedies that exist and the limitations imposed by the Gramm Leach Bliley Act. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Ronald J. Silverman of Bingham McCutchen LLP, discusses the purpose and goals of Chapter 15 and the requirements for commencing a Chapter 15 case. He also talks about the types of relief that can be obtained and the cooperation and communication between domestic Chapter 15 or Chapter 11 courts and foreign courts. He is the author of Chapter 15 Law and Practice in the Collier Guide to Chapter 11: Key Topics and Selected Industries, which is available from LexisNexis. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Hon. Cecelia G. Morris, U.S. Bankruptcy Judge for the Southern District of New York, John Rao, attorney with the National Consumer Law Center in Boston, and Asha Shravah, Senior Associate in the bankruptcy department of Rosicki, Rosicki and Associates, P.C., discuss the loss mitigation program in the U.S. Bankruptcy Court for the Southern District of New York that allows debtors and creditors to negotiate mortgage loan modifications to avoid foreclosure. They talk about the court-supervised mediation program's success, feedback from the courts and the bar and possibility of the program's expansion to other courts. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, James E. Morgan of K&L Gates LLP, and co-author of the chapter "Sales of Assets Under Section 363" in Collier Guide to Chapter 11: Key Topics and Selected Industries, discusses some of the high-profile Section 363 sales of companies in bankruptcy, the benefits and drawbacks of such a sale and the role of secured creditors in such transactions. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Neil Herman of Morgan, Lewis & Bockius LLP in New York, and contributing author of the retail industry chapter of the Collier Guide to Chapter 11: Key Topics and Selected Industries, discusses the reasons behind the large number of recent retail industry bankruptcies, the key parties involved and selection of the bankruptcy venue. He details some of the key legal issues that arise in retail bankruptcy cases and examines the impact of the 2005 Bankruptcy Act (BAPCPA) on such cases. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, intellectual property lawyer Eric Bensen discusses the chapter he's written on IP issues in bankruptcy that appears in the new Collier Guide to Chapter 11: Key Topics and Selected Industries. Mr. Bensen provides an overview of the chapter and explains how the two areas of law intersect. Plus, he discusses missteps bankruptcy lawyers can make vis-a-vis intellectual property. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Irwin A. Kishner and Paul A. Rubin of Herrick, Feinstein LLP discuss recent chapter 11 bankruptcy cases involving professional sports franchises and the unique issues that arise in such filings. They talk about the recent Texas Rangers bankruptcy case and the possibility of other professional sports teams filing for chapter 11 reorganization. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Robert Keach of Bernstein, Shur, Sawyer & Nelson in Portland, Maine discusses the chapter he contributed in Collier Guide to Chapter 11 Practice, published by LexisNexis Matthew Bender. Mr. Keach discusses the advantages and disadvantages of choosing Chapter 11 over Chapter 7, and differences between selling the debtor's assets in a preconfirmation sale solely under section 363 of the Bankruptcy Code as compared to a confirmed plan under section 1129. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Hon. Cecelia G. Morris, United States Bankruptcy Judge for the Southern District of New York, discusses H.R. 901, the "Medical Bankruptcy Fairness Act." Judge Morris explains the changes the Act would make to the Bankruptcy Code and talks about her recent testimony before the House of Representatives' Committee on the Judiciary, Subcommittee on Commercial and Administrative Law. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Henry Sommer, co-editor in chief of Collier on Bankruptcy and the LexisNexis Matthew Bender Collier line of bankruptcy publications, and Kenneth Klee, professor at UCLA Law and author of the recent LexisNexis Emerging Issue Analysis on the Schwab v. Reilly case and author of the Bankruptcy and the Supreme Court, discuss the U.S. Supreme Court's June 17, 2010 decision in Schwab v. Reilly. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

On this edition, Judge A. Thomas Small (Ret.) discusses the growing trend of involvement of mental illness in bankruptcy cases. Judge Small discusses how mental illness can be an issue in a case and how such an illness can affect the way a bankruptcy case is handled. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit http://www.lexisnexis.com/community/bankruptcylaw/.

On this edition, Deanne Loonin of the National Consumer Law Center and the Director of NCLC's Student Loan Borrower Assistance Project, discusses testifying before Congress regarding the Private Student Loan Bankruptcy Fairness Act of 2010, changes the bill could make to the Bankruptcy Code and why changes are needed. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit http://www.lexisnexis.com/community/bankruptcylaw/.

On this edition, Henry Sommer, Co-Editor-in-Chief of Collier on Bankruptcy and the LexisNexis Matthew Bender Collier line of bankruptcy publications, discusses the U.S. Supreme Court's June 7, 2010 decision in Hamilton v. Lanning in which the court affirmed the Tenth Circuit's holding that a court should apply a forward-looking test rather than a mechanical test in determining a debtor's projected disposable income. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit http://www.lexisnexis.com/community/bankruptcylaw/.

On this edition, Judge A. Thomas Small (Ret.) discusses his recent testimony before the Senate Judiciary Committee's Subcommittee on Administrative Oversight and the Courts on the National Bankruptcy Conference proposal to expand chapter 12 of the bankruptcy code to include small business enterprises. Judge Small talks about the advantages of such a proposal and potential controversial aspects. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit http://www.lexisnexis.com/community/bankruptcylaw/.

On this edition, James Lawniczak of Calfee, Halter & Griswold in Cleveland discusses the differences and similarities of two Circuit Court decisions that held secured creditors do not have an absolute legal right to credit bid when their collateral is sold through a plan of reorganization. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community.

On this edition, Prof. Ken Klee of UCLA Law School and Henry Sommer, Co-Editor in Chief of Collier On Bankruptcy, discuss the U.S. Supreme Court's decision in United Student Aid Funds v. Espinosa, in which the court held that a debtor may obtain discharge of a student loan by including it in a Chapter 13 plan if the creditor fails to object after notice of the proposed plan and the Bankruptcy Court confirms the plan. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. Visit www.lexisnexis.com/communities.

On this edition, Kenneth Klee of Klee, Tuchin, Bogdanoff & Stern in Los Angeles and professor at the University of California, Los Angeles School of Law, discusses the U.S. Supreme Court's March 8, 2010 decision in Milavetz, Gallop & Milavetz v. U.S. Professor Klee talks about the lessons to be learned and impact of the ruling for bankruptcy practitioners. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. Visit www.lexisnexis.com/communities.

On this edition, Rich Levin, who leads the restructuring practice at Cravath, Swaine & Moore LLP, discusses his involvement as one of the primary authors of the Bankruptcy Code, the greatest innovation of the 1978 Code, impact of the 2005 amendments and changes in bankruptcy practice. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. Visit www.lexisnexis.com/communities.

On this edition, Mark Broude, a partner at Latham & Watkins, and co-author of the Collier monograph "A Lender's Participation in a Chapter 11 Case," discusses prepetition and postpetition lenders and what has changed about lenders' participation in chapter 11 cases since the onset of the current economic crisis. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc. Visit www.lexisnexis.com/communities.

On this edition, Chicago attorney Mazyar Hedayat, of M. Hedayat & Associates, P.C., discusses emotional distress damages for violations of the automatic stay, steps to be taken to recover on such a claim and how different jurisdictions have ruled on the issue. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc. Visit www.lexisnexis.com/communities.

On this edition, Alan Resnick and Henry Sommer discuss the upcoming publication of Collier on Bankruptcy - the Sixteenth Edition. As editors-in-chief, Professor Resnick and Mr. Sommer trace the history of Collier on Bankruptcy, discuss their role in the new edition, and talk about the need for a new edition. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc. Visit www.lexisnexis.com/communities.

On this edition, Patrick E. Mears of Barnes & Thornburg, and Collier Bankruptcy Practice Guide contributing author, and Professor James J. White, Robert A. Sullivan Professor of Law at the University of Michigan Law School, discuss the impact of the GM and Chrysler bankruptcies on auto suppliers, auto supplier bankruptcies and survival strategies. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc. Visit www.lexisnexis.com/communities.

On this edition, Steve Jakubowski of The Coleman Law Firm in Chicago discusses Bankruptcy Code Section 363 sales, the GM bankruptcy and his "jumping into the fray" to file an objection to the GM sale on behalf of a group of product liability claimants. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc. Visit www.lexisnexis.com/communities.