Attention:
Card image cap

Violations of the Automatic Stay and the Discharge Injunction


Level: Advanced
Runtime: 75 minutes
Recorded Date: July 13, 2019
Click here to share this program
Printer-Friendly Version
Closed Caption

Agenda


  • Automatic Stay & Discharge Injunctions
  • Violations of the Automatic Stay and/or Discharge Injunction
  • Procedural Considerations
  • Unintended Consequences
Runtime: 1 hour and 15 minutes
Recorded: July 13, 2019
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

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 program was recorded as part of ABI's 2019 Northeastern Bankruptcy Conference & Consumer Forum on July 13th, 2019.

Provided By

American Bankruptcy Institute
Card image cap

Panelists

Card image cap

Steven M. Notinger

Partner
Notinger Law, PLLC

With twenty five years of experience in all aspects of bankruptcy, general business and insolvency matters, Steven Notinger is recognized as one of New Hampshire’s top attorneys in business and bankruptcy matters including Chapter 11 reorganization, general business representation, debtor/creditor matters, director and officer liability and insolvency-related tax disputes both in court and through out of court work-outs. Attorney Notinger has also served as a state court receiver in various disputes.

Attorney Notinger has both represented trustees in bankruptcy and been on the client side as a bankruptcy trustee himself. The unique perspectives gained from his experiences allow him to fully understand and appreciate the situations in which distressed companies find themselves. These dual skills allow Mr. Notinger to effectively represent all sides of a bankruptcy matter, allowing him to analyze situations and provide sound solutions that address both the legal and business aspects that exist for clients.

Attorney Notinger also has extensive experience representing clients in disputes with taxing authorities including the IRS and NHDRA.

A native New Yorker, attorney Notinger attended the Boston University School of Law, where he was a finalist in the Moot Court competition.

Card image cap

Alex F. Mattera

Counsel
Partridge Snow & Hahn LLP

Alex focuses his practice on all aspects of commercial bankruptcy, bankruptcy litigation, insolvency, business reorganization, and creditor and debtor rights. His representation includes secured creditors, creditors’ committees, trustees, debtors, and other parties-in-interest in bankruptcy and related proceedings. He is a frequent panelist on behalf of the American Bankruptcy Institute, the Boston Bar Association and Massachusetts Continuing Legal Education.

Early in his career, Alex served as law clerk to the Honorable James F. Queenan, Jr., former Chief Judge of the United States Bankruptcy Court for the District of Massachusetts.

Alex received his JD at Boston College Law School.

Card image cap

Andrew C. Helman

Partner
Dentons

Andrew Helman is a partner in the Restructuring, Insolvency and Bankruptcy practice group at Dentons Bingham Greenebaum. He focuses his practice on bankruptcy and insolvency matters and works with all types of businesses, including those in the health care sector, to help them restructure and protect their assets.

Andrew has served as lead counsel to debtors, trustees, secured parties and others in chapter 11 cases, including having served as independent counsel to a state attorney general in several chapter 11 cases in New England and Delaware. He has particular experience as lead counsel representing rural hospitals in chapter 11 cases and has successfully confirmed chapter 11 plans that have allowed rural hospitals to continue operating with restructured balance sheets.

His practice also includes commercial and insolvency-related litigation. He successfully obtained three temporary restraining orders and a permanent injunction against the U.S. Small Business Administration due to the agency’s decision to exclude debtors from participating in the federal Paycheck Protection Program.

Andrew frequently writes articles for national insolvency publications and teaches seminars on bankruptcy and fraudulent transfer law. In addition, he is co-chair of the American Bankruptcy Institute’s Health Care Committee and was a recipient of the American Bankruptcy Institute’s 40 Under 40 Award in 2019. He was also selected as one of 40 attorneys nationally to participate in the National Conference of Bankruptcy Judges' 2016 NextGen Program. He is ranked by Chambers for bankruptcy and restructuring and has been selected by his peers for inclusion in the 2015-2020 issues of Super Lawyers & Rising Stars.

Card image cap

Hon. James J. Tancredi

U.S. Bankruptcy Judge
U.S. Bankruptcy Court - District of Connecticut

Hon. James J. Tancredi is a U.S. Bankruptcy Judge for the District of Connecticut in Hartford, sworn in on Sept. 1, 2016.

Prior to his appointment to the bench, he was a commercial litigation and business restructuring partner at Day Pitney, LLP (f/k/a Day Berry & Howard), where he cultivated a diverse and challenging practice that crossed major industries, moved from regional to national scope and secured material roles in prominent restructuring and bankruptcies. During his 37-year career at Day Pitney, he tried dozens of cases, represented a full range of constituents, and assembled and led innumerbale teams in often highly contested, first-impression financial reorganizations.

Judge Tancredi frequently lectured at the University of Connecticut School of Law and at bar association CLE programs. His professional activities included service as president and director of the Hartford County Bar Association and the Connecticut Turnaround Management Association. Judge Tancredi has been an active member of the Connecticut Bar Association, American Bar Association and the American Trial Lawyers Association, and he was a director of the Hartford County Bar Foundation and Connecticut Mental Health Association. He is also a Connecticut Bar Foundation James W. Cooper fellow.

In practice, he wrote widely about business restructuring issues and co-authored the Connecticut chapter in Strategic Alternatives for and Against Distressed Businesses, 2016 Edition (Thomson Reuters).

Judge Tancredi received his B.A. in urban studies and political science from the College of the Holy Cross in Worcester, Mass., and his J.D. from the University of Connecticut School of Law.


Card image cap

Similar Courses

Card image cap
76 minutes
360-Degree of Investigation - A Roundtable Discussion Regarding Investigations of Debtors and Recovery of Assets
This panel of lawyers and insolvency professionals with bankruptcy expertise will lead a roundtable discussion regarding investigation of debtors and recovering assets to enhance the value of a bankruptcy estate.

American Bankruptcy Institute

$95

Add to Cart
Card image cap
63 minutes
40 Years of Data: What the Data on the Industry Says About Its Future
For 40 years, The American Lawyer, its affiliate publications and ALM Intelligence’s Legal Compass have been collecting data on law firms, clients and providers. What does the data tell us about where the industry is headed? We will take a deep dive into our data and others’ to assess the state of the industry and its future.

Legalweek

$65

Add to Cart
Card image cap
58 minutes
5 Ways Agreement AI Can Enhance Performance and Reduce Risk for Your Legal Team
In high growth companies, contracting pain points can make your organization less competitive. Fortunately, your legal team has access to world-class, robust AI solutions that can help enhance performance of the legal team and avoid common business pitfalls. If deployed correctly, contract AI can be a legal team’s best friend - shrinking the knowledge gap across years and silos, acting as a digital assistant to automate repetitive tasks, and arming lawyers with tools that help them be proactive rather than responsive.

Legalweek

$65

Add to Cart
Card image cap
60 minutes
60 Consumer Tips in 60 Minutes
This panel of national consumer experts will provide you with the necessary tips for achieving great results in your consumer cases.

American Bankruptcy Institute

$75

Add to Cart
Previous Next