Automatic Stay

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.

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 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