Maximizing the value and avoiding the piecemeal whittling away of a bankrutpcy estate’s assets lies at the heart of the automatic stay — a temporary mechanism which shields the debtor from collection efforts arising from pre-petition liabilities.
Eleventh Circuit: The Automatic Stay Can Be Lost Through a Debtor’s Misconduct
In a recent U.S. Court of Appeals for the Eleventh Circuit case, the court considered whether a bankruptcy court had the authority to retroactively annul the automatic stay under circumstances where the debtor affirmatively participated in an arbitration but subsequently argued that enforcement of the arbitration award against him should be subject to the automatic stay when he did not like the outcome.
By
Francis J. Lawall and Amita Chohan
This premium content is locked for The Bankruptcy Strategist subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN The Bankruptcy Strategist
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.
