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

Tuition: $195.00
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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

Speaker_Jaime B. Leggett_FedBarJaime 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 Chapter 7 and Chapter 13 cases.

His practice also includes federal and state court commercial litigation and trial work, with particular emphasis on post-petition conduct, foreclosure 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

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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