Automatic Stay

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 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.

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.”

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.

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.