Violations of the Automatic Stay and the Discharge Injunction

This panel discussES current developments in the law in the First and Second Circuits for both violations of the automatic stay and discharge injunction. We 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 discusses preparing both stay- and discharge-injunction-violation cases, including how to develop emotional-distress and punitive-damage claims, and possible additional claims to explore.