Automatic Stay

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.

This session will cover recent Supreme Court and Sixth, Seventh and Eighth Circuit cases that you need to know about.

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and six judges address recent Second Circuit cases, and predict how the circuit will rule on tough questions on the way up. An attendee favorite!

This panel will present an overview of the statutory groundwork for, methodology for pursuing, and latest case law on avoidance action claims, including the impact of Purdue Pharma on the sale of these claims.

Join Bill Rochelle as he provides us with the highlights we need to know about emerging cases from the Supreme Court, Tenth Circuit and more!