Automatic Stay

This plenary will present two exciting debates on timely circuit split topics. Judges will be paired with emerging regional leaders to face off over key bankruptcy issues. Resolved: The automatic stay terminates automatically after a repeat filing only to property of the debtor, and not to estate property. Resolved: A “makewhole” provision may be enforced against a debtor and is not disallowed as “unmatured interest” pursuant to Bankruptcy Code § 502(b)(2).

This panel will address recent developments relating to the automatic stay, including City of Chicago v. Fulton and its aftermath, as well as discharge and post-discharge violations.

This panel will discuss the impact of the Consolidated Appropriations Act of 2021 on bankruptcy cases, the latest automatic stay cases, employment of professionals and fee applications, and § 363 sales in the Zoom era.

This past year has seen a remarkable number of wide splits and controversial opinions. This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current notable business and consumer bankruptcy cases.

What are the hottest topics in bankruptcy law? This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current business and consumer bankruptcy law cases.

The Supreme Court has handed down three rulings during its current term that impact bankruptcy practice: The Supreme Court ruled unanimously on January 14 in Ritzen v. Jackson Machinery that an order denying a motion to modify the automatic stay is a final, appealable order “when the bankruptcy court unreservedly grants or denies relief.” In a per curiam opinion on February 24 in Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, the Supreme Court has banned the term “nunc pro tunc” from the bankruptcy lexicon. The Court also ruled that a state court altogether lacks jurisdiction in a removed action until the case has been formally remanded. The Supreme Court ruled on February 25 in Rodriguez v. Federal Deposit Insurance Corp. that federal courts may not employ federal common law to decide who owns a tax refund when a parent holding company files a tax return but a subsidiary generated the losses giving rise to the refund. A panel of distinguished bankruptcy experts will discuss each of these cases to provide you with insights for your practice.

This panel will discuss current developments in the law in the First and Second Circuits for both violations of the automatic stay and discharge injunction. We will analyze the unique consequences debtors may face when filing for bankruptcy and what might or might not violate the automatic stay (e.g., revocation of a driver’s license after an uninsured motorist files), and how corporations are able to address stay violations. The panel will discuss preparing both stay- and discharge-injunction-violation cases, including how to develop emotional-distress and punitive-damage claims, and possible additional claims to explore.

This panel will discuss current developments in the law in the First and Second Circuits for both violations of the automatic stay and discharge injunction. We will analyze the unique consequences debtors may face when filing for bankruptcy and what might or might not violate the automatic stay (e.g., revocation of a driver’s license after an uninsured motorist files), and how corporations are able to address stay violations. The panel will discuss preparing both stay- and discharge-injunction-violation cases, including how to develop emotional-distress and punitive-damage claims, and possible additional claims to explore.

In this roundtable format, attendees can visit with leading judges (each presiding at their own table) to discuss and debate the nation’s most important recent business and consumer bankruptcy decisions.