Ian Rubenstrunk wrote an article for the American Bankruptcy Institute’s Secured Credit Committee Newsletter in March 2021. The article, “Recent Cases Enforcing a Pre-Petition Waiver of the Automatic Stay,” addresses the way in which pre-petition waivers of the automatic stay have been enforced in two recent bankruptcy court decisions. Ian supposes “the enforceability…will depend on the facts and circumstances of each case,” but that practitioners would be wise to advise their clients to that possibility, particularly when negotiating around the impact of COVID19.
Click here to read the full article.*
*This article is reprinted with permission from the American Bankruptcy Institute copyright © 2021 American Bankruptcy Institute.