Automatic Stay Pitfalls and Sanctions: Creditor Lessons from Recent Bankruptcy Case Law

Jaime Leggett
Jaime Leggett
Bast Amron LLP

Jaime Leggett focuses his practice on bankruptcy and complex commercial litigation, with extensive experience litigating issues arising under the automatic stay and related creditor-debtor disputes. His work includes representing trustees, secured and unsecured creditors, equity holders, and debtors in contested bankruptcy proceedings, as well as assignees and creditors in assignments for the benefit of creditors.

Alan C. Hochheiser
Alan C. Hochheiser
Maurice Wutscher LLP

Alan is a leading creditors’ rights and bankruptcy practitioner with extensive experience advising and defending secured and unsecured creditors on automatic stay compliance, sanctions exposure, and post-petition conduct. He represents financial institutions, lenders, servicers, and businesses in consumer and commercial bankruptcy matters, with a particular focus on willful stay violations, overlapping FDCPA risk, and operational practices that give rise to litigation.

Live Video-Broadcast: February 20, 2026

2 hour CLE

This program is only available to All-Access Pass Members.
Subscribe to Tax Rep Network CLE + myLawCLEs All-Access Pass...
Get this course, plus over 1,000+ live webinars.
Learn More

Program Summary

An examination of recent case law interpreting the automatic stay under Section 362 of the Bankruptcy Code, with a focus on creditor conduct that most frequently results in sanctions. The discussion addresses when the stay takes effect, how courts analyze pre-petition and post-petition retention of property, and the evolving standards governing what constitutes property of the estate.

Key judicial decisions are analyzed to clarify the distinction between permissible passive conduct and impermissible affirmative acts, as well as the factors courts consider in determining whether a stay violation is willful. The presentation also explores practical strategies for limiting sanctions exposure while preserving creditor rights and recovery opportunities in Chapter 7 and Chapter 13 cases.

Attendees will leave with a clearer understanding of how to navigate automatic stay issues effectively, protect client interests, and maximize recoveries without running afoul of stay-related sanctions.

Key topics to be discussed:

  • When the automatic stay applies and the scope of prohibited conduct
  • Retention of property and control over estate assets
  • Defining property of the estate under recent case law
  • Willful violations and sanctions exposure
  • Creditor strategies to maximize recoveries while minimizing risk

This course is co-sponsored with myLawCLE.

Date / Time: February 20, 2026

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Jaime Leggett | Bast Amron LLP

Jaime Leggett focuses his practice on bankruptcy and complex commercial litigation, with extensive experience litigating issues arising under the automatic stay and related creditor-debtor disputes. His work includes representing trustees, secured and unsecured creditors, equity holders, and debtors in contested bankruptcy proceedings, as well as assignees and creditors in assignments for the benefit of creditors. Jaime regularly handles disputes involving control and retention of estate property, alleged stay violations, sanctions exposure, and recovery strategies in bankruptcy cases.

His practice also includes federal and state court commercial litigation and trial work, with particular emphasis on post-petition conduct and possession disputes, and adversary proceedings involving estate property and creditor enforcement actions.

Prior to joining the firm, Jaime practiced in New York City focusing on complex commercial and bankruptcy litigation. He previously served as a law clerk to U.S. Bankruptcy Judge Allan Gropper of the Southern District of New York and U.S. Bankruptcy Judge Arthur Weissbrodt of the Northern District of California, providing him with a deep, judicial-level perspective on automatic stay enforcement and sanctions issues.

 

Alan C. Hochheiser | Maurice Wutscher LLP

Alan is a leading creditors’ rights and bankruptcy practitioner with extensive experience advising and defending secured and unsecured creditors on automatic stay compliance, sanctions exposure, and post-petition conduct. He represents financial institutions, lenders, servicers, and businesses in consumer and commercial bankruptcy matters, with a particular focus on willful stay violations, overlapping FDCPA risk, and operational practices that give rise to litigation.

Alan is a frequent national speaker and author on bankruptcy and creditor compliance issues, including avoiding sanctions, post-petition conduct, and emerging appellate case law affecting creditor rights. He brings a practical, creditor-focused perspective to navigating the automatic stay while preserving recoveries and minimizing risk.

 

Agenda

I. When the automatic stay applies and the scope of prohibited conduct | 1:00pm – 1:30pm

II. Retention of property and control over estate assets | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Defining property of the estate under recent case law | 2:10pm – 2:30pm

IV. Willful violations and sanctions exposure | 2:30pm – 2:50pm

V. Creditor strategies to maximize recoveries while minimizing risk | 2:50pm – 3:10pm

More CLE Webinars
Upcoming CLE Webinars
iPad for Lawyers: The Complete Mobile Practice Toolkit
iPad for Lawyers: The Complete Mobile Practice Toolkit Wed, February 18, 2026
Live Webcast
Playing Defense at 30(b)(6) Depositions (2026 Edition)
Playing Defense at 30(b)(6) Depositions (2026 Edition) Mon, February 23, 2026
Live Webcast
Live Replay
Creating a Trial Notebook: From A-Z (2025 Edition)
Creating a Trial Notebook: From A-Z (2025 Edition) Wed, February 25, 2026
On-Demand
Live Replay
Security Clearances: Completing the Standard Form 86
Security Clearances: Completing the Standard Form 86 Wed, February 25, 2026
On-Demand
Live Replay