Bloomberg Law
By Bloomberg News
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Podcast Description
Interviews about legal issues, decisions and pending cases.
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Rochelle on Madoff, Grubb & Ellis, WaMu, MF Global: Audio | Feb. 22 (Bloomberg) -- The trustee liquidating Bernard L. Madoff Investment Securities Inc. and his chief lawyers from Baker & Hostetler LLP are charging in fees about 3 percent of the $9 billion they have collected. Even so, none of the fees will come out of the pockets of customers, for reasons explained by on the podcast by Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. Grubb & Ellis Co., a venerable name in the real estate industry, is to be purchased through a quickie Chapter 11 sale. Rochelle describes why confirmation of the $7 billion plan by Washington Mutual Inc. points out loopholes in the effort by Congress to force bank holding companies to make up capital deficiencies in their bank subsidiaries. The podcast ends with a report on one bank account that evidently contained none of the $1.6 billion that should have been segregated for customers of the brokerage subsidiary of MF Global Holdings Ltd. (Source: Bloomberg) | 2/22/12 | Free | View In iTunes |
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Rochelle on Lehman Distribution, A&P, Delta Petroleum: Audio | Feb. 21 (Bloomberg) -- Where Lehman Brothers Holdings Inc. was predicting an eventual recovery of about 20 percent for general unsecured creditors of the holding company, the first distribution could be less than 2 percent, for reasons Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain on their podcast. Supermarket operator Great Atlantic & Pacific Tea Co. was forced to eliminate a $40 million cash distribution to general unsecured creditors given the inability to raise $750 million in bank financing to kick in on emergence from bankruptcy reorganization. Delta Petroleum Corp., an independent oil and natural gas exploration and development company, contends a bonus program for executives doesn't include prohibited retention bonuses even though the only requirement to receive a bonus is remaining with the company through March. The podcast ends by discussing a campaign by U.S. Bankruptcy Judge John K. Olson in Florida to stop what he called a "pervasive problem" resulting from bonus objections to claims. (Source: Bloomberg) | 2/21/12 | Free | View In iTunes |
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IP Law: Lawyer: Candidates Violate Songwriters' Rights: Audio | Feb. 17 (Bloomberg) -- The issue of political campaigns using popular songs without permission has come up again this year. Newt Gingrich is being sued for using Survivor's "Eye of the Tiger" and K'naan has asked Mitt Romney to stop using his "Wavin' Flag." Bloomberg Law's Josh Block is joined by Lawrence Iser who represented both Jackson Browne and David Byrne when their songs were used in commercials for GOP candidates. Iser is an attorney at Kinsella Weitzman Iser Kump and Aldisert LLP. (Source: Bloomberg) | 2/17/12 | Free | View In iTunes |
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Rochelle on Kodak's Loan Settlement, Asarco-Sterlite: Audio | Feb. 16 (Bloomberg) -- How Eastman Kodak Co. won support from second-lien creditors for $950 million in financing is the first item on the new Bloomberg bankruptcy podcast. As Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss, the deal assures the junior secured creditors of being paid with interest when the patent portfolio is sold. Rochelle explains why a $132.75 million judgment in favor of Arizona copper producer Asarco LLC and against Sterlite Industries (India) Ltd. was a Solomonic decision by the bankruptcy judge that both sides should accept to avoid a worse result on appeal. (Source: Bloomberg) | 2/16/12 | Free | View In iTunes |
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Rochelle on Hostess, Kodak-RIM Lawsuit, Containership: Audio | Feb. 15 (Bloomberg) -- The Teamsters union threatened to strike Hostess Brands Inc. if the maker of Wonder Bread carries through with plans to impose lower wages and cut benefits. As Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss in their podcast, the union recognizes that a strike will drive Hostess out of business. The podcast continues with an analysis of how culmination of a patent-infringement trial against Blackberry maker Research in Motion Ltd. will help Eastman Kodak Co. command a higher price for intellectual property, assuming Kodak comes out on top. The podcast ends with discussion of whether Danish ship operator The Containership Co. (TCC) A/S can use the Chapter 15 case to sue 77 customers for breach of contract. (Source: Bloomberg) | 2/15/12 | Free | View In iTunes |
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Rochelle on Allen Stanford, Hostess, Lear Bankruptcies: Audio | Feb. 14 (Bloomberg) -- Whether victims of the R. Allen Stanford Ponzi scheme are entitled to have some of their claims paid by the Securities Investor Protection Corp. will be decided by federal district judges, not unilaterally by the Securities and Exchange Commission, as the result of a ruling discussed by Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle in their podcast. Rochelle lays out reasons why Mexican baker Bimbo Bakeries USA Inc. may have an interest in the bankruptcy of Wonder Bread maker Hostess Brands Inc. Auto parts maker Lear Corp. may not have absolution from antitrust claims despite having emerged from bankruptcy, for reasons Rochelle explains. The podcast wraps up by assessing the odds that a bankruptcy judge in Delaware will transfer the reorganization of AES Eastern Energy LP to Syracuse, New York. (Source: Bloomberg) | 2/14/12 | Free | View In iTunes |
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Rochelle on Wilpon-Madoff, Lehman Flip Clause, Hostess: Audio | Feb. 10 (Bloomberg) -- Fred Wilpon and other owners of the New York Mets baseball club are hoping the U.S. Supreme Court will hear an appeal from a circuit court ruling on how to calculate customer claims in the liquidation of Bernard L. Madoff Investment Securities Inc., as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their podcast. A U.S. district court is being asked to enforce a ruling from a U.K. court regarding Lehman Brothers Holdings Inc. where the U.S. Bankruptcy Court ruled the other way on a dispute concerning a so-called flip clause. The third and last item on the podcast describes the $1.5 million employment contract for Brian J. Driscoll, the chief executive of Hostess Brands Inc. (Source: Bloomberg) | 2/13/12 | Free | View In iTunes |
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Tech Law: The Hidden Dangers of 'Liking' on Facebook: Audio | Feb. 9 (Bloomberg) -- Facebook, which filed an IPO last week to raise $5 billion, has no warehouses of inventory. Its inventory is supplied by its users -- their likes, dislikes and interests, which the social media giant can use to help advertisers target their messages. Law professor Lori Andrews tells Bloomberg Law's Josh Block that users need to be protected from that kind of aggregation of personal data. Andrews is a law professor at Chicago-Kent College of Law and the author of "I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy." (Source: Bloomberg) | 2/9/12 | Free | View In iTunes |
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Rochelle on A&P Confirmation, China.com, Vitro's Win: Audio | Feb. 9 (Bloomberg) -- At the hearing where Great Atlantic & Pacific Tea Co. is attempting to win court approval of the reorganization, the supermarket operator must overcome objections from creditors who contend it's improper to throw all assets and debt into one pot, in a process known as substantive consolidation, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their bankruptcy podcast. Rochelle describes how CDC Corp., a China-based enterprise software developer also known as China.com, is the unusual case where money will be left over for shareholders. The podcast wraps up with discussion of a significant victory won by Vitro SAB de CV when a court in Mexico approved the glass producer's reorganization plan. Rochelle explains why the Vitro bondholders may be hard pressed to come out on top, even if they convince a U.S. bankruptcy judge that the Mexican reorganization shouldn't be enforced in the U.S. (Source: Bloomberg) | 2/9/12 | Free | View In iTunes |
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Rochelle on MF Global, TBS, Christ Hospital Bankruptcies: Audio | Feb. 8 (Bloomberg) -- Customers of MF Global Inc., the liquidating commodity broker, may never be able to recover their missing $1.2 billion because a report by the trustee sounded as though the money may not have been lost through "actual fraud." As Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss in their podcast, the so-called safe harbor in bankruptcy law might preclude recovery of the funds even though numerous laws and regulations were violated. Rochelle reports that 2012 may be another lean year for bankruptcy professionals because only $27 billion in junk debt matures this year. The newest shipping Chapter 11 filing, by TBS International Plc., is another instance where companies with few ties to the U.S. are reorganizing in New York. The podcast ends with discussion of another hospital filing in New Jersey, where politics may have interfered with the ability of by Christ Hospital to sell itself and avoid Chapter 11. (Source: Bloomberg) | 2/8/12 | Free | View In iTunes |
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Rochelle on Las Vegas Monorail, Declining Bankruptcies: Audio | Feb. 7 (Bloomberg) -- Las Vegas Monorail Co. is the first item on the Bloomberg bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. Responding to defects the bankruptcy judge found in the prior reorganization proposal, the new version will have the driverless conveyance emerge from Chapter 11 by eliminating more than 99 percent of $650 million in bonds. January had the fewest bankruptcies in four years, while New York and Delaware were increasing their market share for Chapter 11 filings. Rochelle describes a Florida hotel bankruptcy as an example for how repetitive filings can drive lenders to distraction. Rochelle concludes the podcast by discussing two new bankruptcy decisions. One, from a district judge in Chicago, all but prohibits bankruptcy judges for making final rulings in fraudulent transfer suits, even when the fraud claim could be fully decided in the course of passing on the creditor's claim. The second case, from a U.S. district judge in New Orleans, once again shows how federal courts are at the forefront of requiring lender to follow the rules. (Source: Bloomberg) | 2/7/12 | Free | View In iTunes |
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Rochelle on Jobson, MF Global, Kodak Bankruptcies: Audio | Feb. 6 (Bloomberg) -- The prepackaged reorganization for Jobson Healthcare Information LLC is an example of using bankruptcy court to kick the can down the road, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their podcast. The podcast continues by describing how CME Group Inc., the owner of the world's largest futures exchanges, is putting $100 million aside to assure farmers and ranchers they won't incur another loss if they hedge crops by buying futures contracts. Rochelle explains how Eastman Kodak Co. is becoming a test case for whether supposedly "critical vendors" will disrupt an otherwise successful reorganization if their pre-bankruptcy unsecured debts aren't paid. The podcast ends with discussion of another appeals court decision demonstrating how federal courts more than state courts are requiring mortgage lender to comply with law before being permitted to foreclose. (Source: Bloomberg) | 2/6/12 | Free | View In iTunes |
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Rochelle on AES Eastern Venue Questions, Adelphia: Audio | Feb. 3 (Bloomberg) -- AES Eastern Energy LP, an owner of six power plants in New York State, could turn into a test case for whether companies with few connections to Delaware may nonetheless reorganize there, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their bankruptcy podcast. Open Range Communications Inc., a defunct wireless broadband provider, is biting the hand that fed it, or so Rochelle says. U.S. Bankruptcy Judge Cecelia G. Morris will become the next chief bankruptcy judge in the Southern District of New York, although her home court is a two-hour drive north of Manhattan. The podcast ends with an examination of when trials in bankruptcy court may offend the U.S. Constitution, using an Adelphia Communications Corp. opinion from a district judge in New York as a jumping off point for analysis. (Source: Bloomberg) | 2/3/12 | Free | View In iTunes |
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Rochelle on GGP, Lehman, Madoff Bankruptcies: Audio | Feb. 2 (Bloomberg) -- The U.S. Court of Appeals in San Francisco handed down an opinion in late January that might have made the reorganization of General Growth Properties Inc. impossible had it been written three years earlier and adopted by courts in New York, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain on their bankruptcy podcast. Lehman Brothers Holdings Inc. may raise the hackles of creditors with disputed claims by proposing to use illiquid assets as backup for distributions when disagreements on claims are settled. By the end of this month, as Rochelle explains, Fred Wilpon and other owners of the New York Mets baseball club could be saddled with an $80 million judgment while still facing a jury trial in March where the trustee for Bernard L. Madoff Investment Securities Inc. will be aiming to recover an additional $300 million. The podcast ends when Rochelle discusses a bankruptcy case from North Carolina where a bankruptcy judge, possibly seeing the creditors as obstructionist, disbanded the official committee representing unsecured creditors. (Source: Bloomberg) | 2/2/12 | Free | View In iTunes |
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IP Law: RapidShare Lawyer on Megaupload Indictment: Audio | Feb. 1 (Bloomberg) -- On Jan. 19 the file-sharing website, Megaupload was shut down and companies and officials associated with it were indicted in U.S. District Court, Eastern District of Virginia. Bloomberg Law's Josh Block talks with Daniel Raimer, General Counsel for one of the world's other most popular file-sharing websites, RapidShare. Raimer tells Block that he is surprised Megaupload did not have legal issues sooner, and that life has suddenly become much more stressful in the file-sharing and cloud services business. (Source: Bloomberg) | 2/1/12 | Free | View In iTunes |
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Rochelle on Dynegy, PMI, Syms, Core Jurisdiction: Audio | Jan. 30 (Bloomberg) -- Appaloosa Management LP, a subordinated noteholder, could scuttle the proposed reorganization for power producer Dynegy Holdings LLC by convincing the bankruptcy judge at a Feb. 24 hearing that senior and subordinated noteholders shouldn't be in the same class, as Bloomberg News bankruptcy columnist Bill Rochelle discusses on the podcast with Bloomberg Law's Lee Pacchia. Sandwiched in the middle of the podcast are two stories on salaries and fees in bankruptcy cases. For PMI Group Inc., it's the U.S. Trustee's objection that $3.5 million in compensation for a year's work is too much for the non-operating company's top two officers. In the liquidation of retailers Syms Corp. and Filene's Basement LLC, the creditors' committee sought to limit professional fees for the equity committee, to see the bankruptcy judge threaten to cut expenses for all professionals. The podcast wraps up by discussing an opinion from a district judge who's threatening to make new law in the reorganization of DeWitt Rehabilitation & Nursing Center Inc. by holding that there must be diversity jurisdiction to sustain a non-core lawsuit in district court. (Source: Bloomberg) | 1/31/12 | Free | View In iTunes |
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Rochelle on Kodak, WaMu Bankruptcies, Mohegan Sun: Audio | Jan. 27 (Bloomberg) -- The Eastman Kodak Co. creditors' committee has a composition that seems inclined to help the company avoid total liquidation, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle analyze on their bankruptcy podcast. Rochelle discusses the issues involved when the bankruptcy judge must decide whether to facilitate a global settlement by retracting 30 pages from an opinion she wrote in September finding cause to sue noteholders for allegedly trading debt of Washington Mutual Inc. based on non-public information. The podcast ends with an analysis of whether the exchange offer for Mohegan Tribal Gaming Authority solves the casino operator's financial problems or only kicks the can down the road. (Source: Bloomberg) | 1/27/12 | Free | View In iTunes |
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Rochelle on Lower Bankruptcy Fees, Coach America, Vitro: Audio | Jan. 26 (Bloomberg) -- The cost of filing a Chapter 7 personal bankruptcy fell 9 percent last year to about $1600, as the result of more bankruptcy lawyers chasing fewer prospective clients, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain on their bankruptcy podcast. Rochelle uses projections prepared by Coach America Holdings Inc. to show how the charter bus operator needs most of $30 million in new financing to pay incremental costs resulting from bankruptcy. While Vitro SAB de CV won another skirmish with holders of $1.2 billion in defaulted bonds, Rochelle describes how the main battle will take place in a circuit court of appeals in March over the question of whether non-bankrupt foreign companies can be given protection from an affiliate's bankruptcy. (Source: Bloomberg) | 1/26/12 | Free | View In iTunes |
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Rochelle on Kodak, St. Louis Post-Dispatch Bankruptcies: Audio | Jan. 25 (Bloomberg) -- Although Eastman Kodak Co. projects consuming almost $365 million cash during the first three months in bankruptcy reorganization, Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain on their bankruptcy podcast how a good deal of the cash burn represents one-time payments to creditors. In the second item on the podcast, Rochelle describes how the confirmed reorganization of Lee Enterprises Inc. "kicks the can down the road" and leaves the owner of the St. Louis Post-Dispatch vulnerable to a second bankruptcy if operations don't improve or refinancing isn't possible. (Source: Bloomberg) | 1/25/12 | Free | View In iTunes |
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Rochelle on Tronox-Kerr-McGee-Anadarko, WaMu, Donzi: Audio | Jan. 24 (Bloomberg) -- Kerr-McGee Corp. and Anadarko Petroleum Corp. may find themselves under more pressure to settle now that the bankruptcy judge refused to impose a ceiling on damages that Tronox Inc. might win at trial to begin in May. One method proposed by Tronox would produce damages of $15.5 billion, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their bankruptcy podcast. Although the lawsuit against three former top officer of Washington Mutual Inc. will generate about $40 million for the Federal Deposit Insurance Corp., the officers themselves will dip into their pockets for only $425,000. The maker of Donzi, Pro-Line and Fountain motorboats is back in Chapter 11 less than two years after completing a prior bankruptcy reorganization. To end the podcast, Rochelle describes a lender-friendly opinion from the U.S. Court of Appeals in Chicago, written by Circuit Judge Richard A. Posner. (Source: Bloomberg) | 1/24/12 | Free | View In iTunes |
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Rochelle on Kodak, Hostess, Seaarland Bankruptcies: Audio | Jan. 23 (Bloomberg) -- For Eastman Kodak Co., the battle lines are being drawn to determine the company's future, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their podcast. Where Kodak arranged financing to support a traditional reorganization around the printer business, holders of some of the $750 million in second-lien debt are already expressing a preference for selling everything quickly for a larger return on debt possibly purchased at discount. Rochelle explains why the newly-formed creditors' committee for Hostess Brands Inc. may be unable to take a position with regard to termination of union contracts and retiree benefits. Rochelle winds up the podcast discussing how the reorganization of an obscure Dutch ship owner named Seaarland Shipping Management could result in a ruling saying whether a creditor can be in hot water for having torpedoed an out-of-court restructuring. (Source: Bloomberg) | 1/23/12 | Free | View In iTunes |
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Rochelle on Eastman Kodak, Hostess Brands Bankruptcies: Audio | Jan. 20 (Bloomberg) -- The Eastman Kodak Co. Chapter 11 filing paints a picture of a shrinking company with depressed sales no longer able to support the debt structure of a larger business, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their bankruptcy podcast. Hostess Brands Inc., another consumer products company that failed to reinvent itself over the years, has an official creditors' committee dominated by labor unions and union pension funds, for reasons Rochelle explains. (Source: Bloomberg) | 1/20/12 | Free | View In iTunes |
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Communications Law: High Court's '7 Dirty Words' Redux: Audio | Jan. 19 (Bloomberg) -- Since 1978, in the wake of a radio broadcast of comedian George Carlin's "seven dirty words" routine, the Federal Communications Commission has banned indecent material from both broadcast radio and television from 6 a.m. to 10 pm. But today, roughly 90 percent of households receive "broadcast" television content through cable or satellite, alongside basic cable and pay channels that are not subject to the indecency rules. Is it time for the rules to catch up to the technology? Bloomberg Law's Josh Block talks with Tom Taylor, an editor of Bloomberg BNA's U.S. Law Week, about last week's Supreme Court oral arguments in FCC v. Fox Television Stations Inc., which could substantially alter the regulatory regime. (Source: Bloomberg) | 1/19/12 | Free | View In iTunes |
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Rochelle on American Airlines, Kodak, Two Casinos: Audio | Jan. 17 (Bloomberg) -- American Airlines Inc. might be worth more to creditors reorganized internally than sold or merged with another airlines if a stand-alone Chapter 11 plan preserves tax losses to offset profits in future years, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle consider on their bankruptcy podcast. Rochelle ponders whether prospective buyers of intellectual property are holding back for fear that Eastman Kodak Co. could be forced to file bankruptcy before a sale can be completed, even if a contract is signed soon. The podcast ends by talking about two casino operators, Legends Gaming LLC and Tunica-Biloxi Gaming Authority, as examples of difficulties facing the gaming industry. (Source: Bloomberg) | 1/17/12 | Free | View In iTunes |
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Rochelle on Hostess, Syms, Sears, 'Gift' Plans: Audio | Jan. 13 (Bloomberg) -- The $75 million bankruptcy loan for Hostess Brands Inc. is costing over 18 percent, if interest and fees are added, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their bankruptcy podcast. The stock of former retailer Syms Corp. initially plunged 25 percent when the company issued financial statements with disappointing projections about the liquidation. Rochelle dissects why commercial factor CIT Group Inc. may have decided to cut off retailer Sears Holdings Corp. Rochelle ends the podcast by discussing a case from the U.S. Court of Appeals in Chicago useful for anyone intending to propose a Chapter 11 "gift" plan. (Source: Bloomberg) | 1/13/12 | Free | View In iTunes |
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Rochelle on Hostess, Dodgers, Buffets, MF Global: Audio | Jan. 12 (Bloomberg) -- When Hostess Brands Inc. filed under Chapter 11 less than three years after emerging from a prior bankruptcy reorganization, the maker of Wonder Bread laid blame for financial problems on the shoulders of labor unions, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their bankruptcy podcast. Facing an uphill fight in federal district court against Fox Entertainment Group Inc. and lacking enough time for a second appeal to the circuit court of appeals, Los Angeles Dodgers capitulated by conceding there will be no marketing of future telecasting rights before December 2012. Buffets Inc., a chain of family restaurants that emerged from bankruptcy reorganization in April 2009, is looking at the possibility of another bankruptcy after missing an interest payment on first-lien debt. Although Vertrue Inc. hasn't been in bankruptcy before, the provider of membership service programs likewise faces the possibility of bankruptcy after being unable to pay first- and second-lien debt. The fifth item on the podcast is Rochelle's prediction that commodities broker MF Global Inc. will face delays in making distributions to customers while appeals courts decide whether the Commodity Futures Trading Commission exceeded its rule-making authority by sweeping assets into the pot for customers that should belong to all creditors. (Source: Bloomberg) | 1/12/12 | Free | View In iTunes |
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Rochelle on Dodgers, MF Global, Hostess Brands: Audio | Jan. 11 (Bloomberg) -- The Los Angeles Dodgers are pulling out all the stops in an effort at regaining the ability to shop for a television broadcaster to take over in the 2014 baseball season, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their bankruptcy podcast. Rochelle talks about what is and what isn't a conflict of interest for the trustee liquidating the broker MF Global Inc. Rochelle clarifies a press release from Friendly Ice Cream Corp. which sounded as though the restaurant operator confirmed a Chapter 11 plan when the business was sold without completing a reorganization. The podcast concludes by tracing the current-day problems of Wonder Bread-maker Hostess Brands Inc. back to the nearly five-year Chapter 11 reorganization that ended in 2009 when the company was known as Interstate Bakeries Corp. (Source: Bloomberg) | 1/11/12 | Free | View In iTunes |
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Rochelle: Health Care Was Sick In 2011, Banks Healthier: Audio | Jan. 10 (Bloomberg) -- The health care industry was sicker in 2011 than the financial industry, which scored a comeback from the prior year's leadership in large-scale bankruptcies, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their new bankruptcy podcast. Rochelle explains how some holders of Borders Group Inc. gift cards were treated unfairly, although it may be too late for the bankruptcy judge to ride to the rescue. The last item on the podcast is for consumption by those interested in the details of bank liquidations. Rochelle describes how the Federal Deposit Insurance Corp. scored a victory over Colonial BancGroup Inc., the holding company for a failed bank. (Source: Bloomberg) | 1/10/12 | Free | View In iTunes |
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IP Law: Comedians Stand Up to Joke Thieves Without Law: Audio | Jan. 10 (Bloomberg) -- When comedian Joe Rogan confronted Carlos Mencia on stage over accusations of joke-stealing, the videotaped argument went viral and was viewed more than five million times. The argument led Dotan Oliar and Christopher Sprigman, two professors from the University of Virginia School of Law, to explore how stand-up comedians protect their intellectual property. Oliar and Sprigman talk with Bloomberg Law's Josh Block. (Source: Bloomberg) | 1/10/12 | Free | View In iTunes |
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Rochelle on Madoff, Kodak, Nebraska Book, Roomstore: Audio | Jan. 9 (Bloomberg) -- The trustee liquidating Bernard L. Madoff Investment Securities Inc. won a victory over customers of feeder funds while he faces another threat to his hundreds of lawsuits against customers, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their new bankruptcy podcast. Rochelle explains why Moody's Investors Service believes Eastman Kodak Co. may have more success under Chapter 11 in selling intellectual property possibly worth billions. By closing a handful of stores and saying others are performing well, college bookseller Nebraska Book Co. is hinting that a new Chapter 11 plan may be around the corner. The podcast ends by pointing out how a smaller retailer like RoomStore Inc. can't cut so lucrative a deal with liquidators. (Source: Bloomberg) | 1/9/12 | Free | View In iTunes |
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Rochelle on Sears, MF Global, Le-Nature Bankruptcies: Audio | Jan. 6 (Bloomberg) -- The distinctive aroma of Sears stores in the post-World War II U.S. is the first item on the bankruptcy podcast, where Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle analyze how the venerable retailer can save itself from the ravages of bankruptcy court. Rochelle explains how the creditors' committee for MF Global Holdings Ltd. is attempting to accomplish indirectly what the bankruptcy judge already said it couldn't do directly. Crime doesn't pay. Indeed, it meant 15 to 20 years in prison for perpetrators of the Le-Nature's Inc. fraud. The government's cooperating witness got off with five years behind bars. The podcast winds up with an explanation for how a seemingly unjust appeals court ruling resulted from 500 years of law governing mortgages and notions of equity. (Source: Bloomberg) | 1/6/12 | Free | View In iTunes |
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Rochelle on Bankruptcy Statistics, Coach America, WaMu: Audio | Jan. 5 (Bloomberg) -- Bankruptcies in 2011 declined between 12 percent and 25 percent from the post-recession peak in 2010, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle report in their bankruptcy podcast. Coach America Holdings Inc., the largest U.S. charter bus operator, departed from the usual pattern by filing in Chapter 11 without having first negotiated a reorganization plan with secured lenders. The podcast ends with an explanation for why an opinion by the bankruptcy judge knocked about 90 percent off the value of some of the securities provided for in the Washington Mutual Inc. Chapter 11 plan. (Source: Bloomberg) | 1/5/12 | Free | View In iTunes |
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Rochelle on LA Dodgers, Vitro, Dynegy, 2011 Statistics: Audio | Jan. 4 (Bloomberg) -- The Los Angeles Dodgers were given a drubbing in federal district court at the hands of Fox Entertainment Group Inc., as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle recount in their first bankruptcy podcast of the new year. Although the ultimate results still aren't known, Rochelle describes the fast-paced litigation that Mexican glass maker Vitro SAB de CV and bondholders conducted between the holidays in federal district and circuit courts. When Dynegy Inc. is investigated by an examiner, the power producer won't be able to hold back communications with lawyers, as Rochelle explains. The podcast ends with a rundown on 2011's largest bankruptcies, where three Chapter 11s in the last quarter represented 70 percent of all debt among public companies inducted into reorganization throughout the year. (Source: Bloomberg) | 1/4/12 | Free | View In iTunes |
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Rochelle: More Bankruptcies for Turnaround Professionals: Audio | Dec. 23 (Bloomberg) -- Some signs are pointing toward more work ahead for turnaround professionals and bankruptcy lawyers, given statistics discussed by Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle on their bankruptcy podcast. Rochelle talks about a ruling by a bankruptcy judge in New York regarding the ethical pitfalls in using the courts' electronic filing system. The podcast ends with an examination of situations when a bankruptcy court can cut down on the amount of a home mortgage and when it can't. (Source: Bloomberg) | 12/23/11 | Free | View In iTunes |
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Rochelle on WaMu, West End Financial, PMI Bankruptcies: Audio | Dec. 22 (Bloomberg) -- The judge presiding over the Washington Mutual Inc. reorganization issued an opinion with important implications for the loan-securitization industry, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their new bankruptcy podcast. Rochelle explains what "lumping" means and why it should be avoided, even with clients not yet in bankruptcy, as the result of a pending dispute in the reorganization of fund adviser West End Financial Advisors LLC. The podcast closes by posing the question of whether a $1.25 million salary, plus bonus, is too much or too little for the chief executive of a company with no operations like PMI Group Inc. (Source: Bloomberg) | 12/22/11 | Free | View In iTunes |
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Rochelle on Omega Navigation, MF Global, M. Slavin: Audio | Dec. 21 (Bloomberg) -- U.S. Bankruptcy Judge Karen K. Brown in Houston is threatening to impose sanctions on a law firm and its client for making allegations of fraudulent conduct by Omega Navigation Enterprises Inc. that didn't turn out to be true, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their new bankruptcy podcast. Regarding the liquidation of MF Global Holdings Ltd., Rochelle explains why possible tax advantages counsel keeping the liquidation in Chapter 11, at least for the time being. The podcast wraps up by using the confirmed Chapter 11 plan of fishmonger M. Slavin & Sons Ltd. as an example of a seldom-seen bootstrap reorganization. (Source: Bloomberg) | 12/21/11 | Free | View In iTunes |
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Rochelle on Vitro, LA Dodgers, Supreme Court Case: Audio | Dec. 20 (Bloomberg) -- The reorganization of Vitro SAB is turning into a tug-of-war between courts in New York and Mexico over who properly governs the Mexican glass maker's restructuring, Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their bankruptcy podcast. Rochelle explains how Fox Entertainment Group Inc. could win a legal battle against the Los Angeles Dodgers while losing the war if the television broadcaster can't prove it suffered damages by an early sale of broadcasting rights. The podcast ends with discussion of a case where the U.S. Supreme Court has an opportunity to clear up ambiguities Congress left behind after amending bankruptcy law 2005 with regard to individuals. (Source: Bloomberg) | 12/20/11 | Free | View In iTunes |
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Rochelle on Delaware Judges Saved, Dodgers, SAREs Frozen: Audio | Dec. 19 (Bloomberg) -- Congress is on the cusp of passing legislation to prevent Delaware from losing five of its six bankruptcy judges, as Bloomberg News bankruptcy columnist Bill Rochelle and Bloomberg Law's Lee Pacchia discuss on their podcast. Rochelle analyzes a controversial opinion in the reorganization of the Los Angeles Dodgers about a contract provision that isn't enforceable in bankruptcy even when the contract is yet to be terminated. Rochelle explains why a state court may determine the fate of the Jefferson County, Alabama bankruptcy. The podcast concludes with a prediction that some single-asset real estate bankruptcies will be held up until the U.S. Supreme Court hands down an opinion in June 2012. (Source: Bloomberg) | 12/19/11 | Free | View In iTunes |
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IP Law: Copyright Implications of Mass Book Digitization: Audio | Dec. 19 (Bloomberg) - In "Legal Issues in Mass Digitization," the United States Copyright Office provides a comprehensive analysis of the state of the law as it applies to efforts to preserve books by creating digital versions of them. The topic received widespread media attention when a proposed settlement of the Google Book Search litigation was rejected by the U.S. District Court for the Southern District of New York. Anandashankar Mazumdar, legal editor at BNA's Patent, Trademark & Copyright Journal, talks with Bloomberg Law's Josh Block about the copyright issues raised by mass digitization. (Source: Bloomberg) | 12/19/11 | Free | View In iTunes |
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Rochelle on Bankruptcy Fees, Madoff, Heller Ehrman: Audio | Dec. 16 (Bloomberg) -- Regardless of the advent of fee examiners, bankruptcy manages to remain an area where professionals may be able to collect higher percentages of their bills than from non-bankrupt clients, for reasons Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their bankruptcy podcast. Rochelle explains why a federal district judge dismissed a lawsuit by investors in a Madoff feeder fund even though the result seems unjust. Rochelle discusses how the defunct law firm Heller Ehrman LLC gave rise to the first opinion to hold that bankruptcy courts lack constitutional power to make final rulings on fraudulent transfer suits. (Source: Bloomberg) | 12/16/11 | Free | View In iTunes |
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Professor Nancy Rapoport on Ethics in Bankruptcy: Audio | Dec. 15 (Bloomberg) -- Nancy Rapoport, the Gordon Silver Professor of Law at the University of Nevada at Las Vegas Law School, talks about ethics in bankruptcy cases on the podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. The professor dissects two recent cases were bankruptcy lawyers find themselves in disciplinary trouble for making disparaging comments about judges that would be protected free speech under the First Amendment were they made outside the courtroom. Prof. Rapoport also talks about ethical issues involved in the payment of fees to professionals in bankruptcy cases. (Source: Bloomberg) | 12/15/11 | Free | View In iTunes |
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Rochelle on WaMu Settlement, Dynegy, A&P Bankruptcies: Audio | Dec. 14 (Bloomberg) -- Washington Mutual Inc. and its creditors finally negotiated a global settlement to stop the interest clock from ticking and further eroding the recovery by creditors lower down the food chain, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their new bankruptcy podcast. Rochelle explains the importance of a Dec. 16 hearing where the bankruptcy judge in Poughkeepsie, New York will rule on the breadth of an investigation into restructuring activities by Dynegy Inc. and as a result determine how quickly or slowly the reorganization will proceed through Chapter 11. Bankruptcy recidivist RoomStore Inc., a furniture dealer, is the focus of a discussion about whether more retailer will be filing under Chapter 11 in 2012. The podcast wraps up with an examination of the nearly final version of the Chapter 11 plan for Great Atlantic & Pacific Tea Co., where unsecured creditors won't even recovery 3 percent. (Source: Bloomberg) | 12/14/11 | Free | View In iTunes |
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Rochelle on Credit Bids, Post-Dispatch, 3d Party Release: Audio | Dec. 13 (Bloomberg) -- An upcoming Supreme Court decision to decide whether secured lenders have the right to credit bid when confronted with cramdown is the first topic on the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. The prepackaged bankruptcy filing by the owner of the St. Louis Post-Dispatch newspaper is analyzed in terms of whether the reorganization resolves the publisher's problems permanently. Rochelle looks at conflicting statistics to determine whether there's likely to be an uptick in major Chapter 11 filings. The podcast ends with review of a new case from the U.S. Court of Appeals in Richmond, Virginia that bears on when a company can emerge from bankruptcy reorganization while simultaneously barring creditors from suing officers and directors. (Source: Bloomberg) | 12/13/11 | Free | View In iTunes |
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Rochelle on Vitro, Lehman, Syms-Filene's Bankruptcies: Audio | Dec. 12 (Bloomberg) -- Bondholders opposing the Mexican reorganization of Vitro SAB were given a boost from a ruling by a state court judge in New York, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain in their bankruptcy podcast. Rochelle talks about a decision in the liquidation of the brokerage subsidiary of Lehman Brothers Holdings Inc. and what it means for traders in to-be-announced transactions. A short squeeze might explain the run-up in the stock of liquidating discount retailer Syms Corp. The podcast ends with discussion of a case coming out of Reno, Nevada that puts brakes on the practice of using one individual's bankruptcy to investigate a bank's dealings with other customers. (Source: Bloomberg) | 12/12/11 | Free | View In iTunes |
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Rochelle on Madoff, Syms, Garlock, Bankruptcies: Audio | Dec. 9 (Bloomberg) -- A district judge in the liquidation of Bernard L. Madoff Investment Securities LLC opened Pandora's box by raising the question of how to calculate the maximum recovery from customers who took out more in fictitious profits than they invested in the Ponzi scheme. Now, customers not only disagree with the Madoff trustee, they also disagree with one another, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss in their podcast. The liquidation of discount retailers Syms Corp. and Filene's Basement LLC is the unusual case where management, the creditors' committee, and professionals are presented with potential conflicts of interest because one company is solvent when the other isn't. Rochelle explains how EnPro Industries Inc. evidently intends to use bankruptcy of subsidiary Garlock Sealing Technologies LLC to dispose of asbestos personal injury claims at a fraction of the cost of settlements before bankruptcy. The podcast ends by asking whether Citizens Corp. is more likely to have a trustee appointed because the case is pending in Tennessee. (Source: Bloomberg) | 12/9/11 | Free | View In iTunes |
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Rochelle on Dodgers, Madoff, Senior Residences, Posner: Audio | Dec. 8 (Bloomberg) -- The Bloomberg bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle opens with an examination of surprises revealed when the Los Angeles Dodgers disclosed details in the settlement agreement with the commissioner of Major League Baseball. Rochelle explains how the trustee for Bernard L. Madoff Investment Securities LLC typically loses when he's before U.S. District Judge Jed Rakoff while he's won in the courtrooms of most other district judges. The industry that built upscale senior residences is in financial distress, for reasons Rochelle explains. The podcast wraps up by discussing a typically erudite bankruptcy opinion by Circuit Judge Richard A. Posner. (Source: Bloomberg) | 12/8/11 | Free | View In iTunes |
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Rochelle on Trump, AMR, Borders, Safe Harbor: Audio | Dec. 7 (Bloomberg) -- As Donald Trump continued negotiating over the last two months with Paulson & Co. and Winthrop Realty Trust, he succeeded in winning a $20 million reduction in the purchase price for the Doral Golf Resort and Spa in Miami, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss in their podcast. Rochelle explains why the U.S. Trustee performed masterful work in forming the creditors' committee for American Airlines Inc. and parent AMR Corp. The liquidation of bookseller Borders Group Inc. is an example, Rochelle says, for how a properly worded success fee can be earned even without success. The podcast closes when Rochelle explains how Wall Street professionals can rest easy knowing that the U.S. Court of Appeals sticks by its ruling from June that the so-called safe harbor in bankruptcy law has "extremely broad" protection for securities transactions. (Source: Bloomberg) | 12/7/11 | Free | View In iTunes |
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IP Law: YouTube, Viacom Case Could Change the Internet: Audio | Dec. 6 (Bloomberg) -- The U.S. Court of Appeals for the Second Circuit took an unusual step in a closely watched legal dispute between Viacom and YouTube. The Second Circuit ordered the parties to file post-oral argument briefs addressing the red-flag knowledge provision of the Digital Millennium Copyright Act. Bloomberg Law's Michael Dunn and Josh Block discuss the case and the implications for Internet websites that rely on user generated content. (Source: Bloomberg) | 12/6/11 | Free | View In iTunes |
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Rochelle on Syms-Filene's, Beacon, Selling a Law Firm: Audio | Dec. 6 (Bloomberg) -- The more permissive attitude toward allowing one law firm to represent a bankrupt company while simultaneously representing creditors in other matters is placed in a historical context in the Bloomberg bankruptcy podcast, where Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle use Syms Corp. as an example. Rochelle lays out the proposed bonus program for workers at Beacon Power Corp., where employees stand to lose as much as they gain. The podcast ends with a story about Ruden McClosky PA, the Florida law firm with eight offices that went quickly through Chapter 11 selling the practice as a going concern. (Source: Bloomberg) | 12/6/11 | Free | View In iTunes |
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Rochelle on Madoff Making Constitutional Law, Real Mex: Audio | Dec. 5 (Bloomberg) -- The liquidation of Bernard L. Madoff Investment Securities LLC originally gained fame as the largest Ponzi scheme in world history. It could be remembered longest in becoming a test case that could end with a ruling that bankruptcy courts lack constitutional authority conduct much of the business coming before them daily, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss in their podcast. The second item, involving Madoff indirectly, shows how U.S. federal courts aren't necessarily inclined to adjudicate every dispute taken to them by non-U.S. citizens. The podcast ends by posing a rhetorical question involving restaurant chain Real Mex Restaurants Inc. Is 125 percent of a year's salary too much or too little bonus for company managers who succeed in paying secured debt in full in a difficult case? (Source: Bloomberg) | 12/5/11 | Free | View In iTunes |
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IP Law: Bills to Stop Online Piracy Spark Debate: Audio | Dec. 1 (Bloomberg) -- Bills in Congress intended to combat online piracy and intellectual property theft have gained considerable attention from both proponents and detractors. The bills include the Protect IP Act, which has been introduced in the Senate, and a House version called the Stop Online Piracy Act. Bloomberg Law's Michael Dunn discusses with Josh Block whether the proposed legislation has the potential to change the Internet as we know it. (Source: Bloomberg) | 12/1/11 | Free | View In iTunes |
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Rochelle on AMR-American Airlines, Lehman Confirmation: Audio | Dec. 1 (Bloomberg) -- In the bankruptcy reorganization of American Airlines Inc. and parent AMR Corp., labor unions lost leverage in contract negotiations because workers can't strike a bankrupt airline even if their wages have been involuntarily reduced, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain in their podcast. Rochelle discuses how the Lehman Brothers Holdings Inc. Chapter 11 can be confirmed on Dec. 6 with few, if any, appeals. (Source: Bloomberg) | 12/1/11 | Free | View In iTunes |
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Rochelle on American Airlines, Syms-Filene's Basement: Audio | Nov. 30 (Bloomberg) -- The Chapter 11 filing by American Airlines Inc. and parent AMR Corp. presents the opportunity to restructure an aging fleet while dealing with labor costs that exceed the competition, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss in their podcast. The second item deals with discount retailer Syms Corp. and the question of whether $9.50 a share is more than stockholders will recover through liquidation in Chapter 11. (Source: Bloomberg) | 11/30/11 | Free | View In iTunes |
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Rochelle on MF Global, LA Dodgers, Old Chrysler, A&P: Audio | Nov. 29 (Bloomberg) -- Louis J. Freeh, former Director of the Federal Bureau of Investigation, takes over as trustee for MF Global Holdings Ltd. and will need to decide if the case should continue in Chapter 11 or be converted to a liquidation in Chapter 7, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss in their new podcast. Rochelle uses disputes between Fox Entertainment Group Inc. and the Los Angeles Dodgers baseball club as an example for how name-calling in court pleadings diverts attention from critical legal issues. The Chapter 11 of Old Chrysler is headed toward a wipeout for unsecured creditors now that an appellate court upheld dismissal of a creditors' suit against Daimler AG, the auto maker's former owner. The podcast wraps up with Great Atlantic & Pacific Tea Co. and a discussion about 34 new labor contracts that open the door wide to emergence from bankruptcy reorganization. (Source: Bloomberg) | 11/29/11 | Free | View In iTunes |
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Rochelle on PSEG v. Dynegy, MF Global, $46 Million Error: Audio | Nov. 28 (Bloomberg) -- The effort by Public Service Enterprise Group to dismiss the Chapter 11 cases filed by subsidiaries of Dynegy Inc. is the first topic in the bankruptcy podcast with Bloomberg News bankruptcy columnist Bill Rochelle and Bloomberg Law's Lee Pacchia. Rochelle talks about whether the $1.2 billion of missing customer funds at MF Global Inc. is the result of theft, lax oversight by regulators, or weak regulations. The last item on the podcast is a story about how failure to check a box on a claim form resulted in waiver of a $46 million claim. (Source: Bloomberg) | 11/28/11 | Free | View In iTunes |
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Rochelle on Vegas Monorail, MF Global Bankruptcies: Audio | Nov. 23 (Bloomberg) -- U.S. Bankruptcy Judge Bruce A. Markell disappointed both Las Vegas Monorail Co. and its creditors when he refused to approve the widely-supported Chapter 11 plan, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain in their new podcast. Looking at the bankruptcy of MF Global Holdings Ltd., the parent of a commodities broker, Rochelle conjectures that the lack of cash to pay attorneys' fees may have been a contributing factor to the company's decision to seek appointment of a Chapter 11 trustee ousting management and the board. The podcast examines shipper Frontline Ltd. together with wireless provider Clearwire Corp. and analyzes when or whether either may end up in Chapter 11. The podcast ends by assaying the challenges confronting AMR Corp. and Sears Holdings Corp. (Source: Bloomberg) | 11/23/11 | Free | View In iTunes |
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IP Law: Jury to Decide if Manley Toys Shrunk the Kids: Audio | Nov. 22 (Bloomberg) -- Inflatable pool and water slide manufacturer Aviva Sports, Inc. is suing Manley Toys claiming Manley's water toy products contain fraudulent misrepresentations. Aviva argues images of children on Manley's products are manipulated to look smaller so that the pools and slides appear larger. Bloomberg Law's Jennifer Gaeta discusses the case with Josh Block as it heads toward trial and Aviva prepares to prove that the images are literally false for false advertising purposes. (Source: Bloomberg) | 11/22/11 | Free | View In iTunes |
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Rochelle on Bankruptcy Court's Constitutional Problems: Audio | Nov. 22 (Bloomberg) -- After Bloomberg News bankruptcy columnist Bill Rochelle took time off for a speaking engagement in Texas, the podcast with Bloomberg Law's Lee Pacchia resumes with a rundown on comments made by speakers at the seminar regarding possible constitutional problems in how bankruptcy judges currently exercise powers delegated to them by Congress and the district courts. Referring to another topic at the seminar, Rochelle discusses whether the three recent municipal bankruptcies are the beginning of a trend. At the seminar in Austin, Rochelle was on the panel with Professor Jay Westbrook discussing the most important bankruptcy opinions in the last year. The seminar was sponsored by the University of Texas Law School. (Source: Bloomberg) | 11/22/11 | Free | View In iTunes |
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IP Law: Supreme Court Considers Law Restoring Copyrights: Audio | Nov. 16 (Bloomberg) -- In 1994, Congress passed a law that took works that were previously in the public domain and restored their copyrights in compliance with an international convention. Golan v. Holder is a challenge to that law by filmmakers, conductors, and other artists who rely on the public domain to create their own work. Bloomberg Law's Jessica McKinney talks with Josh Block about the case which was argued before the Court on Oct. 5. Also, a review of IP developments including Facebook's patent application gets attention from a Congressional caucus, Tiffany & Co. coming to the aid of Christian Louboutin, and Lipitor's expiring patent. (Source: Bloomberg) | 11/16/11 | Free | View In iTunes |
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Rochelle on A&P, Madoff Appeal, Borders Bankruptcies: Audio | Nov. 16 (Bloomberg) -- A pitfall in the reorganization plan for Great Atlantic & Pacific Tea Co. might be substantive consolidation, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their bankruptcy podcast. Rochelle explains how JPMorgan Chase & Co. was picked to be the test case for an appeal over whether the trustee for Bernard L. Madoff Investment Securities Inc. has the right to sue major banks instead of individual customers or class-action suits for customer. The admirably rapid completion to the liquidation of Borders Group Inc. and an employee group that might upset the municipal bankruptcy for City of Central Falls, Rhode Island are the last items on the podcast. (Source: Bloomberg) | 11/16/11 | Free | View In iTunes |
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Rochelle on Dodgers, Dynegy, Syms Bankruptcies: Audio | Nov. 15 (Bloomberg) -- The settlement between Frank McCourt, the owner of the Los Angeles Dodgers, and the commissioner of Major League Baseball is allowing the bankrupt team to attempt an auction for future telecasting rights, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain on their bankruptcy podcast. Rochelle explains how and why U.S. Bankruptcy Judge Cecelia Morris in Poughkeepsie, New York has responsibility for preventing the reorganization of five Dynegy Inc. subsidiaries from degenerating into a drawn-out saga of failed Chapter 11 plans. The last item on the podcast deals with discount retailers Syms Corp. and subsidiary Filene's Basement LLC. Rochelle analyzes how an insolvent Filene's might require appointing a separate creditors' committee and could end up with claims by Filene's creditors against Syms. (Source: Bloomberg) | 11/15/11 | Free | View In iTunes |
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Rochelle on MF Global, Jefferson County Bankruptcies: Audio | Nov. 14 (Bloomberg) -- Delaware will be bereft of nearly all of its bankruptcy judges unless Congress adopts pending legislation to extend temporary judgeships, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their bankruptcy podcast. Rochelle checks in again on the liquidation of commodities broker MF Global Inc. by conjecturing that the dearth of information about the missing $600 million of customer money and other circumstances suggest an underlying criminal investigation. The podcast ends after Pacchia inquires about the outbreak of litigation in bankruptcy court between the sewer system receiver and Jefferson County, Alabama. (Source: Bloomberg) | 11/14/11 | Free | View In iTunes |
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Rochelle on Jefferson County, Blitz, Lehman Bankruptcies: Audio | Nov. 11 (Bloomberg) -- Jefferson County, Alabama launched the largest municipal bankruptcy in U.S. history, putting the bankruptcy judge in the unenviable position of deciding how much a sewer system is worth, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their bankruptcy podcast. Rochelle talks about a new bankruptcy by Blitz U.S.A. Inc. and questions whether the manufacturer of gasoline cans will be able to stretch the Chapter 11 case to protect its customer Wal-Mart Stores Inc. from product liability lawsuits. The podcast ends by explaining why a risk taken by Bryan Marsal early in the Chapter 11 case of Lehman Brothers Holdings Inc. paid off handsomely for Lehman creditors. (Source: Bloomberg) | 11/11/11 | Free | View In iTunes |
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Rochelle on Lehman Plan, Madoff Trustee's Win, Delaware: Audio | Nov. 11 (Bloomberg) -- If the U.S. Trustee succeeds with her objection to the Lehman Brothers Holdings Inc. reorganization plan, the result will be a smaller recovery by creditors from an inability to use tax losses, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain on their bankruptcy podcast. The trustee liquidating Bernard L. Madoff Investment Securities LLC won victory when the U.S. Court of Appeals in Manhattan refused to rehear a case decided in August upholding the trustee's method for calculating customers' claims. The ruling takes the trustee a step closer to distributing $1.65 billion to customers. The last item on the podcast deals with an opinion from a bankruptcy judge in Delaware who concluded that the reorganization of a small hotel better belongs in Texas where the property is located. (Source: Bloomberg) | 11/11/11 | Free | View In iTunes |
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Rochelle on Dynegy, MF Global Bankruptcies and Kodak: Audio | Nov. 11 (Bloomberg) -- Power producer Dynegy Inc. began a Chapter 11 reorganization that may or may not turn out to be prepackaged, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their bankruptcy podcast. Rochelle gives MF Global Holdings Ltd. as an example for why brokers should be subject to sufficient regulation so bankruptcies don't happen, given how no bankruptcy system can prevent innocent customers from suffering loss. Eastman Kodak Co. could run out of cash in the U.S. by mid-2012, according to a report from Moody's Investors Service. The podcast ends by looking at a case pending in the U.S. Circuit Court of Appeals in San Francisco that could determine whether bankruptcy judges have power under the Constitution to make final rulings in fraudulent transfer lawsuits. (Source: Bloomberg) | 11/11/11 | Free | View In iTunes |
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IP Law: Supreme Court to Hear Generic Drug Appeal: Audio | Nov. 8 (Bloomberg) -- The U.S. Supreme Court will hear the oral arguments in a case between Novo Nordisk A/S, the manufacturer of diabetes drug Prandin, and generic drug maker Caraco Pharmaceutical Laboratories, Ltd. The legal dispute, over the manufacture of a generic version of the drug, centers on interpretation of the Hatch-Waxman Act and could change how brand-name drug makers use patent law. Tony Dutra, legal editor of BNA's Patent, Trademark & Copyright Journal, talks with Bloomberg Law's Josh Block about the case which will be argued before the Court on Dec. 5. (Source: Bloomberg) | 11/8/11 | Free | View In iTunes |
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Rochelle on MF Global, NewPage, Borders Bankruptcies: Audio | Nov. 8 (Bloomberg) -- With MF Global Holdings Ltd. and its brokerage subsidiary in bankruptcy, the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle deciphers who will bear the loss by looking at trading in the company's stock and bonds. NewPage Corp. and Borders Group Inc. are set up as examples of companies where the return to creditors will be small. Rochelle describes how homebuilder Hovnanian Enterprises Inc. successfully completed a distressed tender offer, although the bond market is still flashing a warning signal. The podcast wraps up by discussing a new and debatable opinion by Richard A. Posner, one of the country's leading federal circuit court judges. (Source: Bloomberg) | 11/8/11 | Free | View In iTunes |
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Rochelle on Dodgers, Madoff Lawsuits, Syms and Filene's: Audio | Nov. 3 (Bloomberg) -- The settlement between the owner of the Los Angeles Dodgers and the commissioner of Major League Baseball is an example of how warring factions tire of spending millions on attorneys' fees and decide to settle several months into bankruptcy, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on the bankruptcy podcast. The loss sustained by the trustee for Bernard L. Madoff Investment Securities Inc. in suing major banks and a test case in the pipe line are analyzed. The podcast ends with an autopsy and obituary for two renown discount retailers, Syms Corp. and subsidiary Filene's Basement LLC. (Source: Bloomberg) | 11/3/11 | Free | View In iTunes |
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Rochelle on MF Global, Tribune, Harrisburg Bankruptcies: Audio | Nov. 3 (Bloomberg) -- Whether MF Global Holdings Ltd., the failed broker, will have any assets for creditors of the holding company is the first topic of discussion on the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. How publisher Tribune Co. can emerge quickly from Chapter 11 despite having its reorganization plan nixed this week is the second topic of conversation. The podcast ends with a list of defects in the municipal bankruptcy filing by Harrisburg, Pennsylvania. (Source: Bloomberg) | 11/3/11 | Free | View In iTunes |
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IP Law: Record Industry to Battle over Copyright Control: Audio | Nov. 1 (Bloomberg) -- A copyright law provision will allow musicians, including Bob Dylan, Bruce Springsteen, Billy Joel, and Tom Waits, to reclaim the copyrights in their works, 35 years after transfer, from record companies. Bloomberg Law's Laura McQuade talks with Josh Block about termination rights. (Source: Bloomberg) | 11/1/11 | Free | View In iTunes |
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Rochelle on Madoff, Vitro, Removal from Bankruptcy Court: Audio | Nov. 1 (Bloomberg) -- An opinion from the U.S. Court of Appeals in Atlanta that helps the trustee in New York for Bernard L. Madoff Investment Securities LLC is the first topic in the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. Vitro SAB, the reorganizing Mexican glass maker, is the topic of conversation once again, this time with regard to a lawsuit in New York state court. The podcast wraps up with a case from New Jersey where a district judge succinctly deals with defendants who want to take lawsuits away from bankruptcy judges. (Source: Bloomberg) | 11/1/11 | Free | View In iTunes |
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Rochelle on Eastman Kodak, Dodgers, Madoff, Construction: Audio | Oct. 31 (Bloomberg) -- A lecture given by Eastman Kodak Co. bondholders to the board in reality could have been intended to ward off a purchase of intellectual property outside of bankruptcy, as explained on the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. The one-month delay in the trial between the commissioner of baseball and the Los Angeles Dodgers may represent an effort by the mediator to bring the warring factions together on settlement. Rochelle identifies a test-case lawsuit that will determine whether the trustee for Bernard L. Madoff Investment Securities LLC can sue for recovery of fictitious profits paid out before bankruptcy. If the trustee's lawsuit fails, the loss will fall on the shoulders of customers who weren't fortunate enough to take profits out of the firm before bankruptcy. The podcast winds up with discussions of bankruptcies by two engineering firms whose Chapter 11 filings show how the decline in building is reaching larger participants in the construction industry. (Source: Bloomberg) | 10/31/11 | Free | View In iTunes |
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Rochelle on Lehman, L.A. Dodgers, Seaarland Bankruptcies: Audio | Oct. 27 (Bloomberg) -- The $160 billion in support that Lehman Brothers Holdings Inc. garnered for its Chapter 11 plan provides a springboard for discussion on the Bloomberg bankruptcy podcast about plan-support agreements and how they were at one time viewed as possibly violating a prohibition against solicitation of votes before approval of a disclosure statement. Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle continue the podcast by explaining why the Los Angeles Dodgers baseball club was wise to compromise with fans by giving two season ticket holders two seats on the official creditors' committee. The podcast concludes by using Dutch ship owner Seaarland Shipping Management as an example for how minimal contacts with the U.S. are sufficient foundation for filing a Chapter 11 petition. (Source: Bloomberg) | 10/27/11 | Free | View In iTunes |
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Rochelle on Madoff, Ambac, Paulson-Winthrop Resorts: Audio | Oct. 26 (Bloomberg) -- Once upon a time, recovering all of their approved claims seemed like a cakewalk for customers of Bernard L. Madoff Investment Securities LLC, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain on the bankruptcy podcast. Rochelle lays out the dollars and cents consequences of a ruling in September by U.S. District Judge Jed Rakoff only allowing the Madoff trustee to sue for recovery of money taken out within two years before bankruptcy. Rochelle tells how Ambac Financial Group Inc. in one breath could say it's about to belly up for lack of cash and in the next proclaim how cash flow is sufficient for five years. The podcast ends by laying out the battle lines for a dispute over the meaning of subordination and intercreditor agreements between lenders to the five resort hotels owned by Paulson & Co. and Winthrop Realty Trust. (Source: Bloomberg) | 10/26/11 | Free | View In iTunes |
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Rochelle on Innkeepers Sale, Madoff Bankruptcy: Audio | Oct. 25 (Bloomberg) -- Innkeepers USA Trust had the bankruptcy judge sign an approval order directing the parties to complete a $1 billion acquisition of 64 hotels, for reasons explained on the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. The family of convicted fraudster Bernie Madoff isn't giving up as they vie for an accelerated appeal in hopes of winning dismissal of the $198 million lawsuit by the trustee liquidating Bernard L. Madoff Investment Securities Inc. (Source: Bloomberg) | 10/25/11 | Free | View In iTunes |
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Rochelle on Lehman Claim Trading, Municipal Bankruptcies: Audio | Oct. 24 (Bloomberg) -- Reasons why trading in claims against Lehman Brothers Holdings Inc. spiked to $4.4 billion in September are explained in the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. The podcast also looks at the increasing probability that Harrisburg, Pennsylvania will leave bankruptcy about the time Jefferson County, Alabama commences a municipal reorganization. (Source: Bloomberg) | 10/24/11 | Free | View In iTunes |
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Rochelle on Increasing Bankruptcies, Innkeepers: Audio | Oct. 21 (Bloomberg) -- The probability of more corporate bankruptcy filings has increased as the junk bond market dried up and the liquidity squeeze tightens on low-rated companies, as reported on the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. Three new bankruptcy filings prompts a look by Rochelle at hotels and chicken producers, two industries with multiple bankruptcies already. The podcast concludes by explaining how Donald Trump's pending acquisition of Doral Golf Resort and Spa in Miami is structured to avoid the chance of last-minute problems such as those that occurred when Cerberus Capital Management LP and Chatham Lodging Trust terminated a $1.1 billion purchase from Innkeepers USA Trust. (Source: Bloomberg) | 10/21/11 | Free | View In iTunes |
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Rochelle on Lehman Claims Trading, Hovnanian: Audio | Oct. 20 (Bloomberg) -- The reasons why Lehman Brothers Holdings Inc. continues dominating the claims trading arena is explained on the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. The how and why behind the decision by homebuilder Hovnanian Enterprises Inc. to modify its exchange offer is explored. The podcast ends with discussion of two decisions by the U.S. Court of Appeals in New Orleans. One rules that the 5th Circuit has once again fallen into line with other circuits on law governing when appeals will be dismissed if the underlying orders weren't enjoined pending appeal. (Source: Bloomberg) | 10/20/11 | Free | View In iTunes |
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Rochelle on Solyndra, Harrisburg and Lehman Bankruptcies: Audio | Oct. 18 (Bloomberg) -- The Bloomberg bankruptcy podcast explores why the bankruptcy judge declined to appoint a trustee for solar-panel maker Solyndra LLC even though the FBI raided the office two days after bankruptcy and top company official pleaded the Fifth Amendment when refusing to answer questions from a Congressional committee. Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain why Harrisburg, Pennsylvania may voluntarily withdraw the municipal bankruptcy petition when a state receiver takes over. As prelude to an item in his column about dispute over the meaning of the word "and," Rochelle ends the podcast by laying out disagreement between Lehman Brothers Holdings Inc. and Deutsche Bank AG over the meaning of "general unsecured claim." (Source: Bloomberg) | 10/19/11 | Free | View In iTunes |
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Rochelle on Lehman and Northwest Airlines Bankruptcies: Audio | Oct. 18 (Bloomberg) -- How Lehman Brothers Holdings Inc. is near exhausting $250 million in directors' and officers' liability insurance is reason for examining how D&O insurance is handed in Chapter 11 cases, according to the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. Who is and isn't entitled to a jury trial in bankruptcy cases is discussed in the context of Bernard L. Madoff Investment Securities Inc. along with favored treatment given to a employment discrimination claim against Northwest Airlines Inc. (Source: Bloomberg) | 10/18/11 | Free | View In iTunes |
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Rochelle on Harrisburg Facing Dismissal, WaMu Bankruptcy: Audio | Oct. 17 (Bloomberg) -- The reasons why the municipal bankruptcy by Harrisburg, Pennsylvania could be dismissed quickly are explained on the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. With regard to Washington Mutual Inc., Rochelle explains why the train is about to leave the station for shareholders who believe the country's sixth-largest depository and credit card issuer was stolen from them. (Source: Bloomberg) | 10/17/11 | Free | View In iTunes |
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Rochelle on Conflicts, Hussey Copper Bankruptcy: Audio | Oct. 14 (Bloomberg) -- The nightmare facing a lawyer who failed to spot a conflict of interest in the bankruptcy of the Inspirada residential development in Henderson, Nevada is the first item covered on the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. The intended quick sale of Hussey Copper Corp. through the bankruptcy court in Delaware is used as an example of a perennial problem in bankruptcy where allegations are made that sales happen too fast. The podcast ends with an analysis of when the "no harm, no foul" rule from basketball is a valid defense to a fraudulent transfer. (Source: Bloomberg) | 10/14/11 | Free | View In iTunes |
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Rochelle on Solyndra, Dodgers, Evergreen Bankruptcies: Audio | Oct. 13 (Bloomberg) -- Solyndra LLC, the bankrupt solar panel maker, is attempting to dodge the appointment of a Chapter 11 trustee by replacing the chief executive with an outsider, as discussed on the Bloomberg bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. Rochelle explains how the case thrusts the Delaware bankruptcy judge into the vortex of a partisan political issue that might affect whether Congress ends Delaware's reign over the country's major Chapter 11 cases. The podcast revisits the battle between the owner of the Los Angeles Dodgers baseball club and the commissioner of Major League Baseball. Rochelle discusses why Evergreen Solar Inc. could become a test case determining whether companies that received federal government assistance may encounter problems when selling patents and technology. The podcast closes with yet another case where a mortgage lender couldn't foreclose given the inability to find the original mortgage note. (Source: Bloomberg) | 10/13/11 | Free | View In iTunes |
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84 |
Rochelle on Madoff and Innkeepers Bankruptcies: Audio | Oct. 12 (Bloomberg) -- Lawsuits in the liquidation of Bernard L. Madoff Investment Securities LLC are frozen in place until the U.S. Court of Appeals rules on whether the trustee can reach back six years rather than two years to recover fictitious profits some customers were able to take out before the Ponzi scheme collapsed. On the Bloomberg bankruptcy podcast, Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain why the case might reach the appeals court next year, or years from now, depending on a ruling to be made soon my U.S. District Judge Jed Rakoff. Rochelle explains how the lawsuit between Innkeepers USA Trust and Cerberus Capital Management LP demonstrates the importance of carefully negotiating a liquidated damage clause that often seems like insignificant boilerplate. The podcast ends with discussion of a case where the U.S. Court of Appeals in Boston refused to let an insurance company use an insured's bankruptcy as a get-out-of-jail free card. (Source: Bloomberg) | 10/12/11 | Free | View In iTunes |
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85 |
IP Law: Apple Did Not Misuse Mac OS X Software Copyright: Audio | Oct. 11 (Bloomberg) -- Psystar, a company that sells PC hardware running the Mac OS X operating system, lost an appeal of a lower court decision. The Ninth Circuit held that Apple's license agreement does not amount to copyright misuse. Jessica McKinney, who wrote an article about Apple Inc. v. Psystar Corp. in Bloomberg Law's Intellectual Property Law Report, talks with Josh Block about the case. Also, a review of IP developments including the rise in demand for patent lawyers, basketball great Bill Russell challenges the NCAA over the use of his image, and the U.S. Supreme Court hears arguments in a challenge to copyright protection for some foreign works. (Source: Bloomberg) | 10/11/11 | Free | View In iTunes |
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86 |
Rochelle on LA Dodgers, Hussey Copper Bankruptcies: Audio | Oct. 11 (Bloomberg) -- The Los Angeles Dodgers baseball club may have been establishing the basis for an appeal as opposed to hoping the bankruptcy judge would change his mind, for reasons explained in the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. Hussey Copper Corp., which filed for Chapter 11 protection on Sept. 27, found itself in the unenviable position of having to sue a member of the newly-appointed creditors' committee. The podcast ends by discussing two new cases from bankruptcy judges concluding that the Supreme Court didn't end their ability hear cases involving fraud or counterclaims based on state law. (Source: Bloomberg) | 10/11/11 | Free | View In iTunes |
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87 |
Rochelle on Madoff, WaMu Bankrupcties, Ending a Business: Audio | Oct. 10 (Bloomberg) -- Bernard L. Madoff Investment Securities LLC wasn't really a Ponzi scheme, according to a customer's lawyer whose strategy is analyzed on the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. Who won and who lost at last week's Washington Mutual Inc. hearing is analyzed. The podcast ends explaining how owners of a small business made matters worse for themselves by dissolving the corporation without notice to creditors. (Source: Bloomberg) | 10/10/11 | Free | View In iTunes |
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88 |
Rochelle on Wall Street Rulings, Hovnanian, Yellow Pages: Audio | Oct. 7 (Bloomberg) -- Two rulings affecting Wall Street are the first items on the bankruptcy podcast with Bloomberg News bankruptcy columnist Bill Rochelle and Bloomberg Law's Lee Pacchia. Rochelle wonders whether the Philadelphia Orchestra will wish it never filed Chapter 11 if the bankruptcy court ends up ruling that the endowment isn't immune from claims of creditors. Homebuilder Hovnanian Enterprises Inc. is examined again, this time by asking whether it's a good or bad investment. The podcast ends with discussion of two yellow page publishers, Dex One Corp. and SuperMedia Inc., which both emerged from bankruptcy reorganization two years ago and are both struggling with declining sales. (Source: Bloomberg) | 10/7/11 | Free | View In iTunes |
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89 |
Rochelle on Friendly Ice Cream, Chef Solutions, WaMu: Audio | Oct. 6 (Bloomberg) -- The two latest food industry Chapter 11 filings by Friendly Ice Cream Corp. and Chef Solutions Inc. are the first two topics covered on the bankruptcy podcast with Bloomberg News bankruptcy columnist Bill Rochelle and Bloomberg Law's Lee Pacchia. Rochelle explains the risk of committing reversible error if the bankruptcy judge sides with Washington Mutual Inc. by ruling that the reorganization plan can be revised and confirmed without giving creditors a chance to revise their prior ballots. (Source: Bloomberg) | 10/6/11 | Free | View In iTunes |
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90 |
Rochelle on Real Mex, Innkeepers, Bagels Bankruptcies: Audio | Oct. 5 (Bloomberg) -- The Los Angeles Dodgers baseball club appears to be giving a signal to the bankruptcy judge that he will commit reversible error if he limits the team's ability to prove how the Commissioner of Major League Baseball acted in bad faith, as explained in the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. Real Mex Restaurants Inc. is the latest addition to the growing list of restaurant chains to need bankruptcy reorganization. Rochelle gives odds on who comes out in top in the trial to begin Oct. 10 pitting Innkeepers USA Trust against Cerberus Capital Management LP and Chatham Lodging Trust. In reporting filings by Twin City Bagel Inc. and Lev Bakery Inc., the podcast closes by asking where good bagels can be found outside New York. (Source: Bloomberg) | 10/5/11 | Free | View In iTunes |
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91 |
IP Law: Constitutionality of Song Download Damages: Audio | Oct. 4 (Bloomberg) -- Only two peer-to-peer file-sharing copyright infringement actions have gone to trial against individual defendants. In Sony BMG Music Entertainment v. Tenenbaum the statutory damage award returned by the jury was $675,000. In Capitol Records, Inc. v. Thomas-Rasset the damages award was $1.5 million. Michael Dunn, Bloomberg Law Intellectual Property Law Report editor, talks with Josh Block on Bloomberg Law's "Intellectual Property Review" about whether such awards may be unconstitutionally excessive. Also a review of IP developments including a popular petition on the Whtie House website calling for an end to the issuance of software patents, McDonald's attempt to block others from registering trademarks on 'Mc' and 'Mac' words, and Kodak, sitting on patents valued at as much as $3 billion, considers its next move. (Source: Bloomberg) | 10/4/11 | Free | View In iTunes |
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92 |
Rochelle on LA Dodgers Bankruptcy, Eastman Kodak: Audio | Oct. 4 (Bloomberg) -- The schedule for the Los Angeles Dodgers baseball club and the Commissioner of Major League Baseball to hold a trial over whether the team can sell broadcast rights is the first topic on the bankruptcy podcast with Bloomberg News bankruptcy columnist Bill Rochelle and Bloomberg Law's Lee Pacchia. Rochelle explains why it took the U.S. Trustee a week to seek appointment of a trustee after two top executives from Solyndra LLC declined to answer question at a Congressional hearing by invoking the Fifth Amendment rights. The conditions in the credit markets may force Nebraska Book Co. to come up with a new reorganization plan, Rochelle says. The podcast wraps up with a look at the volatile trading in stock and bonds of Eastman Kodak Co. resulting from news reports that bankruptcy is among the company's alternatives. (Source: Bloomberg) | 10/4/11 | Free | View In iTunes |
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93 |
Rochelle on Graceway, Star Buffet, Blockbuster: Audio | Oct. 3 (Bloomberg) -- The meager return that lenders to Graceway Pharmaceuticals LLC will realize from selling the business quickly in Chapter 11 is the first topic on the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. New restaurant filings by Star Buffet Inc. and a Pappa John's franchisee were both accompanied by statements that perhaps should not be taken at face value, for reasons Rochelle explains. The podcast wraps up by explaining why investors were duped into buying shares of "old" Blockbuster Inc. as part of what may have been a pump and dump scheme. (Source: Bloomberg) | 10/3/11 | Free | View In iTunes |
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94 |
Rochelle on Madoff Winners & Losers, LA Dodgers: Audio | Sept. 30 (Bloomberg) -- Who won and who lost when a district judge limited clawback suits by the trustee for Bernard L. Madoff Investment Securities Inc. is the first topic on the bankruptcy podcast with Bloomberg News bankruptcy columnist Bill Rochelle and Bloomberg Law's Lee Pacchia. Rochelle then analyzes the status of season ticket holders for the Los Angeles Dodgers and talks about whether they deserve an official committee of their own. (Source: Bloomberg) | 9/30/11 | Free | View In iTunes |
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95 |
Rochelle on Madoff Clawback Decision, Split Judges: Audio | Sept. 29 (Bloomberg) -- U.S. District Judge Jed Rakoff wrote an 18-page opinion on Sept. 27 limiting clawback suits by the trustee for Bernard L. Madoff Investment Securities Inc. to recoveries going back only two years before bankruptcy. Another district judge barely a month before ruled that the Madoff trustee's suits can claw back payments for six years before bankruptcy. The bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle dissects the Rakoff opinion and highlights areas where it's vulnerable to being set aside on appeal. (Source: Bloomberg) | 9/29/11 | Free | View In iTunes |
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96 |
Rochelle on Solyndra Sale, Garrison Keillor, Liz Warren: Audio | Sept. 28 (Bloomberg) -- Whether Solyndra LLC should auction the business before the end of October is the first topic on the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. Rochelle looks into issues that arise when an accounting firm like Deloitte & Touche LLP is charged with missing fraud being conducted by one its audit clients. The new Chapter 11 filing by a beef processor in Denver is mentioned as a possible takeover candidate. Rochelle concludes the podcast by explaining why a skit by Garrison Keillor on "A Prairie Home Companion" signals the beginning of a populist movement in the U.S. (Source: Bloomberg) | 9/28/11 | Free | View In iTunes |
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97 |
Rochelle on 5th Circuit, LA Dodgers, Howrey, Bald Eagle: Audio | Sept. 27 (Bloomberg) -- Discourse among circuit judges during oral argument at the U.S. 5th Circuit Court of Appeals in New Orleans was like the pot calling the kettle black, as explained on the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. Rochelle analyzes the pros and cons of a motion by the Commissioner of Major League Baseball to sell the Los Angeles Dodgers. The podcast ends with an obituary for the law firm Howrey LLP and an observation on the fishing talents of bald eagles. (Source: Bloomberg) | 9/27/11 | Free | View In iTunes |
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98 |
Rochelle on Madoff Decision and Upcoming Bankruptcies: Audio | Sept. 26 (Bloomberg) -- U.S. Bankruptcy Judge Burton R. Lifland upheld a complaint against Bernie Madoff's family and used the opinion to bolster his argument explaining why the safe harbor in bankruptcy law doesn't apply to a broker that's a throughgoing Ponzi scheme. In the podcast, Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle report on the latest statistics predicting how many large companies may resort to Chapter 11 if the economy turns to recession once again. Rochelle closes the podcast by reporting on a new case from the U.S. 3rd Court of Appeals in Philadelphia giving reason to file Chapter 11 in Delaware if the case will likely involved a lawsuit by creditors against company managers. (Source: Bloomberg) | 9/26/11 | Free | View In iTunes |
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99 |
Rochelle on Solyndra, LA Dodgers and Madoff Bankruptcies: Audio | Sept. 23 (Bloomberg) -- If Solyndra LLC executives assert their Fifth Amendment rights not to testify before Congress, the reasons why the bankruptcy court might appoint a Chapter 11 trustee or an examiner are analyzed in the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. Fox Entertainment Group Inc. is headed in the direction Rochelle predicted when he explained in a previous podcast how the TV network has grounds for opposing efforts by the Los Angeles Dodgers baseball club for auctioning off television broadcasting rights. The podcast ends with an explanation why the trustee liquidating Bernard L. Madoff Investment Securities Inc. was disappointed at not being able to have a customers' appeal dismissed on a technicality. (Source: Bloomberg) | 9/26/11 | Free | View In iTunes |
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100 |
Rochelle on Madoff Judge Shopping, Junk Debt: Audio | Sept. 21 (Bloomberg) -- Tactics by the trustee liquidating Bernard L. Madoff Investment Securities Inc. is the first topic on the bankruptcy podcast with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. Rochelle explains how the trustee, having seen one district judge dismiss most of his lawsuit against HSBC Holdings Plc, is going to a different district judge in hopes his multi-billion dollar suit against JPMorgan Chase & Co. doesn't suffer a similar fate. Rochelle bemoans the apparent settlement reached between Royal Bank of Scotland and a ship owner named Seaarland Shipping Management because it means a bankruptcy judge won't be given the chance to rule whether a company with few ties to the U.S. can nonetheless reorganize in federal bankruptcy court. Rochelle cites the dramatic decline in the ability of junk-rated companies to issue new debt and predicts an uptick in Chapter 11 filings over upcoming months. The podcast ends by describing how the Philadelphia Orchestra and the Philly Pops divided marital property in their bankruptcy court divorce. (Source: Bloomberg) | 9/21/11 | Free | View In iTunes |
| Total: 100 Episodes |
Customer Reviews
Great show
This is a fantastic podcast with interesting commentary and well-applied law. I am a law student with an interest in chapter 11 BKs, but this podcast provides short and sweet insights into current events that all people can appreciate. Great stuff!
The best
I love this podcast! As an attorney, it is a daily listen. Interesting every time.
