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

Jaime Leggett | Bast Amron LLP

Jaime Leggett is a Partner at Bast Amron LLP in Miami, where he practices in the areas of bankruptcy and complex commercial litigation. His practice encompasses investigating and prosecuting director and officer liability claims; representing trustees, creditors, equity holders, and debtors in bankruptcy proceedings; representing assignees, creditors, and assignors in assignments for the benefit of creditors; and handling federal and state court commercial litigation and trials nationwide. Prior to joining Bast Amron, Jaime practiced complex commercial and bankruptcy litigation at a firm in New York City, and before that 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.

Education & Credentials

• Jaime earned his LL.M. in Bankruptcy from St. John’s University School of Law, his J.D. from Benjamin N. Cardozo School of Law, and his B.S. from the University of Pennsylvania. He is admitted to practice in California, Florida, and New York, as well as the Second and Eleventh Circuit Courts of Appeals and multiple U.S. District and Bankruptcy Courts, including the Southern and Middle Districts of Florida, Southern District of New York, Eastern District of New York, and Southern District of Texas.

Recognition & Leadership

• Jaime has been recognized as an Honoree in the Miami Dade Bar’s Young Lawyers Section 40 Under 40 awards (February 2025), named to Best Lawyers in America Ones to Watch in Litigation – Bankruptcy from 2022 through 2025, and selected as a Florida Super Lawyers Rising Star from 2020 through 2025 and a New York Metro Rising Star from 2016 through 2019.

Professional Involvement

• Jaime is a member of the Miami Dade Bar Association, a Director-At-Large of the Bankruptcy Bar Association of the Southern District of Florida (2023–2025), Chair of that association’s Liaison Committee with Other Bar Associations, and Co-Chair of the Florida Bar Business Law Section UCC Article 12 Secured Digital Assets Task Force. He is also a pro bono volunteer with Dade Legal Aid’s Put Something Back program and a member of the SAVE Endorsement Panel.

Experience

• Jaime’s representative experience includes representing a movie theater chain in a successful Chapter 11 reorganization, representing the successful buyer in a contested 363 sale of an oil refinery for $62 million, representing a Chapter 7 trustee in the investigation and prosecution of claims related to a $50+ million real estate development fraud resulting in multi-million dollar recoveries, and representing a liquidating trustee in the negotiation and sale of a $14+ million insurance portfolio. He has also authored publications on Subchapter V small business bankruptcy and assignments for the benefit of creditors in Florida, published through the Miami Dade Bar and Westlaw/Thomson Reuters.

Alan C. Hochheiser | Maurice Wutscher LLP

Alan C. Hochheiser is a Principal at Maurice Wutscher LLP, where he is a leading practitioner in the areas of creditors’ rights and bankruptcy law. He advises and represents businesses, regional and national banks, credit unions, equipment lessors, and other lenders, as well as secured and unsecured creditors. Among his accomplishments, he has successfully resolved non-dischargeable claims based on fraud, conversion, and breach of fiduciary duty, and has successfully handled the assumption of leases in the bankruptcy of a major airline. Alan is a frequent speaker and author on topics relevant to creditors’ rights and bankruptcy law, with presentations before the American Bar Association, the Receivables Management Association International, the National Business Institute, and numerous other national organizations.

Education & Credentials

• Alan earned his Bachelor of Arts cum laude from the State University of New York at Albany and his Juris Doctor from Case Western Reserve University School of Law. He is admitted to practice in Ohio, the U.S. Supreme Court, the U.S. Courts of Appeals for the Third, Fourth, and Sixth Circuits, and numerous U.S. District Courts across multiple states including Ohio, Michigan, Indiana, Wisconsin, Pennsylvania, Tennessee, Colorado, and Arkansas.

Recognition & Leadership

• Alan has been named to ALM’s list of Cleveland’s Top-Rated Lawyers and holds an AV Preeminent peer rating from Martindale-Hubbell, the worldwide guide to lawyers the highest rating available for legal ability and ethical standards.

Professional Involvement

• Alan serves as Co-Chair of the ABA Business Law Section Consumer Bankruptcy Committee and is a member of the American Bankruptcy Institute, the International Association of Privacy Professionals, and the Receivables Management Association International. He actively volunteers for civic associations in his community, serving as a regular volunteer for the Montefiore Home-Fairmount Temple Mitzvah Corp., Past Vice President of ARMDI, and Past President of the Fairmount Temple Brotherhood.

Experience

• Alan’s speaking and publication record spans more than a decade of presentations on bankruptcy litigation, creditors’ rights, and consumer financial law. Recent engagements include presenting on Automatic Stay Pitfalls and Sanctions at the MyLawCLE Webinar (February 2026), Avoiding Sanctions in Bankruptcy Proceedings at the RMAI Annual Conference (February 2026), Automatic Stay Violations at the National Business Institute (November 2025), and U.S. Supreme Court and Appellate Bankruptcy Case Law Review at the ABA Business Law Fall Meeting (September 2025). He has also presented at the ABA Business Law Spring Meeting, RMAI Executive Summit, Alternative Finance Bar Association Annual Conference, and numerous other national forums.

Session 1 – When the Automatic Stay Applies and the Scope of Prohibited Conduct | 1:00pm – 1:30pm

This segment examines the precise moment the automatic stay takes effect under Section 362, identifies the full range of conduct it prohibits, and clarifies how courts interpret stay boundaries across Chapter 7 and Chapter 13 proceedings.

Session 2 – Retention of Property and Control Over Estate Assets | 1:30pm – 2:00pm

Attendees explore how courts analyze pre-petition and post-petition retention of property, the distinction between passive retention and active control, and what creditors must do upon notice of filing to avoid actionable stay violations.

Break | 2:00pm – 2:10pm

Session 3 – Defining Property of The Estate Under Recent Case Law | 2:10pm – 2:30pm

This portion reviews how courts have refined the definition of estate property under recent decisions, examines which assets fall within the estate’s reach, and equips attorneys with a current framework for evaluating property questions in active cases.

Session 4 – Willful Violations and Sanctions Exposure | 2:30pm – 2:50pm

Attendees examine the judicial factors courts apply when determining whether a stay violation is willful, explore the full range of sanctions exposure, including actual damages, attorney fees, and punitive awards and learn how knowledge of the filing affects liability.

Session 5 – Creditor Strategies to Maximize Recoveries While Minimizing Risk | 2:50pm – 3:10pm

This closing portion presents practical strategies for preserving and pursuing creditor rights within stay boundaries, including relief from stay motions, adequate protection arguments, and recovery positioning designed to protect client interests in Chapter 7 and Chapter 13 cases.