Automatic Stay

Developed for experienced bankruptcy practitioners, this webinar examines the Supreme Court's February 2018 decision in FTI Consulting v. Merit Management and the questions it has raised about what kinds of securities payments, trades, and M&A activity are still protected by the Bankruptcy Code's so-called "safe harbors" in the event of a bankruptcy filing. Our distinguished panel will review how the Bankruptcy Code protects certain financial activity from the automatic stay and "claw back" litigation, what the Supreme Court did (and did not) say in Merit Management, and how attorneys might structure trades and M&A deals going forward to maximize safe harbor protection.

Are you interested in hearing a succinct primer on bankruptcy law and some of the basic structures of this discipline? If so, this panel of bankruptcy professionals will deliver what you need and will whet your appetite to become a full-fledged bankruptcy practitioner. Overview - Bankruptcy in pictures: Types of Debt, Bankruptcy Terminology, Relief from Stay, Trustees, Discharge of Debts. 101: The Parties, The Code Organization, Goals, The Estate, Automatic Stay, Discharge. How A Case is Administered: Commencement, Protecting Your Judgment form discharge, 2004 Examination, Litigating in Bankruptcy Court: Matters at issue, Procedural Considerations, Authorities, and Adversary Proceedings. Hon. Jeffery P. Hopkins Chief United States Bankruptcy Judge, Southern District of OH, Cincinnati David Mawhinney Associate, K & L Gates, Boston Prof. Laura Napoli Coordes Associate Professor, AZ State University School of Law, Phoenix, AZ

This panel will discuss automatic stay and discharge injunction violations arising from withholding property to collect, statutes of limitations, and exceptions to discharge after Husky.

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.

This discussion will keep attendees informed about the most recent developments on the most powerful procedural remedy in bankruptcy: the automatic stay. Learn the latest strategies and nuances in the still-developing case law concerning the stay.

Resolved: The absolute priority rule should be eliminated in multi-debtor cases. Speakers: Pro: Hon. James M. Peck (ret.) Morrison & Foerster LLP; New York Con:Hon. Mary F. Walrath U.S. Bankruptcy Court (D. Del.); Wilmington Resolved: The provisions in 11 U.S.C. § 363 prime and take precedence over the rights that 11 U.S.C. § 365(h) grants to lessees, so accordingly trustees/debtors in possession can sell real estate free and clear of any lease rights a tenant might have in the sold real estate. Speakers: Pro: Carren B. Shulman Sheppard, Mullin, Richter & Hampton LLP; New York Con: Paul S. Singerman Berger Singerman, LLP; Miami Resolved: Creating mandatory claim mediation in mega-cases for all creditors should not be permitted as an unnecessary and inappropriate cost on smaller creditors. Speakers: Pro: Brian L. Shaw Shaw Fishman Glantz & Towbin LLC; Chicago Con: Jay M. Goffman Skadden, Arps, Slate, Meagher & Flom LLP; New York

How can you best advise a client who is unsure whether the stay or the discharge applies? How can you protect a debtor’s benefits offered by the automatic stay and the discharge? Stay violation litigation and discharge analysis are just two of the topics that this expert panel will examine.