Automatic Stay

This panel explores current trends in automatic stay litigation and the practical strategies used by debtors and creditors in contested cases. The panelists discuss common dispute scenarios, evolving court approaches, and key considerations for navigating stay relief, enforcement actions and related risks in bankruptcy proceedings.Learning Objectives:Attendees will identify current trends and emerging issues in automatic stay litigation.Attendees will analyze strategic considerations for pursuing or defending stay-relief motions, enforcement actions and related disputes.Attendees will evaluate practical approaches for minimizing risk and achieving favorable outcomes in contested stay matters.

This freewheeling, unscripted session, led by ABI’s Editor at Large Bill Rochelle, features three bankruptcy judges (one retired) and an experienced bankruptcy practitioner-turned-law-professor sharing their views on a variety of recent decisions covering a broad spectrum of hot topics in commercial and consumer bankruptcy law. Part of their discussion highlights five (or more) recently decided Supreme Court decisions that every bankruptcy lawyer needs to know about, including issues and questions that some of those decisions left undecided.Learning Objectives:Attendees will identify and analyze recent developments, emerging trends, and significant decisions impacting bankruptcy law and practice.Attendees will evaluate the practical implications of current hot-button issues facing debtors, creditors, trustees, and other bankruptcy stakeholders.Attendees will apply insights from recent legal and industry developments to enhance strategic decision-making and client representation in bankruptcy matters.

This Lunch and Learn session examines key issues arising in chapter 13 cases involving valuation disputes and the application of the automatic stay under § 362. The panelists discuss current case law, practical considerations for debtors and creditors, and strategic approaches to resolving contested valuation and stay-related matters.Learning Objectives:Attendees will interpret valuation principles commonly applied in Chapter 13 cases, including issues involving secured claims and collateral valuation disputes.Attendees will distinguish the scope and protections of the automatic stay under Section 362, including issues relating to stay relief and alleged stay violations.Attendees will formulate practical approaches for addressing and resolving valuation and Section 362 disputes in Chapter 13 proceedings.

This session will discuss and analyze key rulings and the strategic implications of recent bankruptcy case law from the Rocky Mountain region, with an emphasis on decisions from courts within the Tenth Circuit.Learning Objectives:Identify and understand significant recent bankruptcy decisions from within the Tenth Circuit.Evaluate how recent rulings affect general practice and case strategy.Apply key caselaw developments to everyday practice to reduce risk and strengthen advocacy in bankruptcy proceedings.

Moderated by ABI’s Bill Rochelle, seven bankruptcy judges from New York, Delaware, Houston and New Jersey will predict how the Supreme Court is likely to rule on the most controversial issues in reorganization, Subchapter V and Chapter 13.Learning ObjectivesAttendees will gain insight into how bankruptcy judges view emerging and contentious issues in reorganization cases, Subchapter V, and Chapter 13.Attendees will explore judicial perspectives on how the Supreme Court may approach unresolved or split issues in bankruptcy practice.Attendees will examine practical implications of differing judicial interpretations for debtors, creditors, and case strategy.

The automatic stay is one of the most powerful and well-known protections in bankruptcy — but it’s not always as “automatic” as it seems. This panel will explore the gray areas and exceptions where the automatic stay's application is unclear, limited or even nonexistent. The panelists will cover who gets the stay, violations, repeat filers (including the ambiguity of § 362(c)(3)) and other nuanced issues surrounding the automatic stay in consumer cases. They also will discuss recent case law, practical pitfalls, and strategies for advising clients when the stay’s protection is uncertain or contested.Learning Objectives:Attendees will learn how to identify situations in which the automatic stay applies, including exceptions, limitations, and the nuances affecting repeat filers under Section 362(c)(3).Attendees will gain practical guidance on recognizing and addressing potential automatic stay violations, including strategies for advising clients when the stay’s protection is uncertain or contested.Attendees will understand recent case law and emerging trends that impact the application of the automatic stay in consumer bankruptcy cases, equipping them to navigate complex scenarios and avoid common pitfalls. 

This panel will provide attendees with strategies to handle complex issues that can arise in consumer cases – sometimes common, sometimes not. Topics that will be covered include UCC-1 fixture filings, multi-filers, extensions or imposition of the automatic stay, and when a debtor should consider filing a Chapter 11 petition under Subchapter V. The panel will also discuss recent trends in consumer cases.

In 2024 alone, more than 517,000 bankruptcy cases were filed in the U.S., and bankruptcy judges issued an estimated 521 reported decisions, plus another 1,241 unreported decisions. How many of those cases and issues are you familiar with? You might know what the Supreme Court did in Purdue Pharma, what the Third Circuit did in Boy Scouts, what the Fourth Circuit did in Bestwall, and what bankruptcy courts are doing in cases like Red River Talc, Celsius and FTX, but do you know the latest trends in equitable tolling, chapter 5 avoidance claims and conversion rights? Bill Rochelle and this panel of esteemed bankruptcy judges will be holding a lively discussion of a few critical-but-under-the-radar decisions that you should be reading about but likely are not. You won’t want to miss this educational and eye-opening conversation!

Section 362 of the Bankruptcy Code is one of the most frequently litigated — and often misunderstood — provisions in bankruptcy practice. This session will take a deep dive into the automatic stay, exploring its scope, application and termination. The panelists will analyze key distinctions among the subsections of § 362 and how they interact with other provisions of the Code. Attendees will gain practical insights into effective strategies for obtaining relief from stay, including grounds for relief beyond lack of adequate protection, and will learn how to navigate the procedural and evidentiary requirements for efficiently and cost-effectively securing or confirming relief from the stay.

In the aftermath of the Supreme Court’s Purdue Pharma decision, courts and practitioners are navigating new uncertainties around third-party releases in bankruptcy. This panel will examine how courts are distinguishing estate property from third-party claims, the impact on stay provisions and litigation strategy, and the evolving standards for voting mechanisms and plan confirmation in both chapter 11 and chapter 15 cases.