Attention:

Violations of the Automatic Stay and the Discharge Injunction


Level: Advanced
Runtime: 75 minutes
Recorded Date: July 13, 2019
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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

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

Panelists

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.

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.

Andrew C. Helman

Partner / Co-Chair of Bankruptcy Practice
Murray Plumb & Murray

Andrew is a business, work-out, and restructuring attorney and works with all types of businesses, including those in the health care sector, to help them protect their assets. A large part of his work is focused on helping clients, both debtors and creditors, find solutions to problems caused by financial distress and counseling them on how to avoid those problems in the future. He also represents clients in distressed and non-distressed transactions, business litigation, and preference actions.

Andrew has been involved in some of the most significant chapter 11 cases in Maine and New Hampshire in recent years, including representation of the debtor-in-possession in the largest health care bankruptcy case in Maine’s history. Other recent engagements have included representation of a substantial trade creditor in the consolidated chapter 11 cases of GT Advanced Technologies and GTAT Corp.; a pre- and post-bankruptcy secured lender in all phases of the chapter 11 case of Montreal, Maine & Atlantic Railway, Ltd. as well as in several related adversary proceedings and appeals; one of the primary secured lenders to a paper company in the chapter 7 cases of GNP Maine Holdings, LLC, and GNP East, Inc.; Ferraiolo Construction, Inc., as debtor-in-possession through its successful chapter 11 reorganization; and New England Building Materials, as debtor-in-possession through its successful chapter 11 reorganization. In the last 24 months, he has successfully resolved more than 60 preference claims totaling approximately $4 million in cases brought in Maine and other jurisdictions.

Andrew frequently writes articles for national insolvency publications and teaches seminars on bankruptcy and fraudulent transfer law. He was selected by his peers for inclusion in the 2015-2017 issues of Super Lawyers & Rising Stars and was one of 40 attorneys nationally to participate in the National Conference of Bankruptcy Judges’ 2016 NextGen Program.

While in law school, Andrew interned with Hon. Kermit V. Lipez, Circuit Judge, U.S. Court of Appeals, and Peter C. Fessenden, Standing Chapter 13 Trustee for the District of Maine. He also completed a Bernstein District Court Fellowship with Hon. Charles Dow, Maine District Court Judge.

Prior to attending law school Andrew worked in politics and journalism. He served as an aide to two of Maine’s House Majority Leaders and was a reporter for The Providence Journal and also wrote for The Boston Globe.

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.


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