The Automatic Stay: Who Knows Who May Come After Violators?

Tom Waldron, a former bankruptcy judge and current Advisor to the NACTT Academy, lives in Tucson, AZ.[email protected].

Conventional wisdom has always recognized that violations of the automatic stay can be asserted by an aggrieved debtor or a trustee alleging injury to property of the estate; however, a recent decision of the Fifth Circuit holds that a creditor of the debtor satisfies both the constitutional and prudential standing requirements to pursue damages for alleged stay violations. St. Paul Fire &Marine Insurance Company v. Theodore and Deeann . . .

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