Is “I don’t do litigation” an appropriate answer for a debtor-side attorney to ignore a stay violation?

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rapoport26
UNLV Distinguished Professor, Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas

Nancy B. Rapoport is a UNLV Distinguished Professor, a 2026 Barrick Distinguished Scholar, the Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada, Las Vegas, and an Affiliate Professor of Business Law and Ethics in the Lee Business School at UNLV.  After receiving her B.A., summa cum laude, from Rice University in 1982 and her J.D. from Stanford Law School in 1985, she clerked for the Honorable Joseph T. Sneed III on the United States Court of Appeals for the Ninth Circuit and then practiced law (primarily bankruptcy law) with Morrison & Foerster in San Francisco from 1986-1991.  She started her academic career at The* Ohio State University College of Law in 1991, and she moved from Assistant Professor to Associate Professor with tenure in 1995 to Associate Dean for Student Affairs (1996) and Professor (1998) (just as she left Ohio State to become Dean and Professor of Law at the University of Nebraska College of Law).  She served as Dean of the University of Nebraska College of Law from 1998-2000.  She then served as Dean and Professor of Law at the University of Houston Law Center from July 2000-May 2006 and as Professor of Law from June 2006-June 2007, when she left to join the faculty at Boyd.  She served as Interim Dean of Boyd from 2012-2013, as Senior Advisor to the President of UNLV from 2014-2015, as Acting Executive Vice President & Provost from 2015-2016, as Acting Senior Vice President for Finance and Business (for July and August 2017), and as Special Counsel to the President from May 2016-June 2018.  In 2022, UNLV’s Alumni Association named her the Outstanding Faculty Member of the Year.  Boyd law students have honored her three times:  she tied (with Professor Jean Sternlight) for “Faculty Member of the Year” in 2024; she was named “Faculty Member of the Year” (and faculty commencement speaker) in 2021; and she was named “Dean of the Year” by Boyd law students in 2013.  She served as the President of UNLV’s Chapter 100 of Phi Kappa Phi from 2024-2025.

She is a Fellow of the American College of Bankruptcy and the American Bar Foundation.  Her specialties are bankruptcy ethics, ethics in governance, law firm behavior, artificial intelligence and the law, and the depiction of lawyers in popular culture.  Among her published works are Bernard A. Burk, Veronica J. Finkelstein & Nancy B. Rapoport, Ethical Lawyering: A Guide for the Well-Intentioned (Aspen Publishing 2021; 2d ed. 2025), Nancy B. Rapoport & Joseph R. Tiano, Jr., A Short & Happy Guide to the Ethics of Using AI and Other Legal Tech (West Academic, forthcoming 2026); and the animated video Aspen Practice Perfect Series, Professional Responsibility (2024) (with Andrew M. Perlman and Melissa B. Shultz).  She is admitted to the bars of the states of California (inactive member), Ohio (inactive member), Nebraska (inactive member), Texas, and Nevada and of the United States Supreme Court.  In 2001, she was elected to membership in the American Law Institute, and in 2002, she received a Distinguished Alumna Award from Rice University.  In 2017, she was inducted into Phi Kappa Phi (Chapter 100).  She is back on the Board of Directors of the National Museum of Organized Crime and Law Enforcement (the Mob Museum) and also serves as a Trustee of Claremont Graduate University and as the Chair of its Audit and Risk Management Committee.  In 2009, the Association of Media and Entertainment Counsel presented her with the Public Service Counsel Award at the 4th Annual Counsel of the Year Awards.  In 2017, she received the Commercial Law League of America’s Lawrence P. King Award for Excellence in Bankruptcy, and in 2018, she was one of the recipients of the NAACP Legacy Builder Awards (Las Vegas Branch #1111).  In 2025, she received the Commercial and Consumer Law Scholarship Award from the Section on Commercial and Consumer Law at the annual meeting of the Association of American Law Schools.  She has served as the fee examiner or as chair of the fee review committee in such large bankruptcy cases as Zetta Jet, Toys R Us, Caesars, Station Casinos, Pilgrim’s Pride, and Mirant.

She has also appeared in the Academy Award®-nominated movie, Enron: The Smartest Guys in the Room (Magnolia Pictures 2005) (as herself).  Although the movie garnered her a listing in www.imdb.com, she still hasn’t been able to join the Screen Actors Guild.  In her spare time, she competes, pro-am, in American Rhythm and American Smooth ballroom dancing.  In 2014, she won the national U.S. Open Pro/Am Rising Star American Smooth Competition B Division, and in 2017, she came in 2nd in the “C” Open to the World Pro/Am American Style 9-Dance Championship.  The most interesting thing about her is that she is married to a former Marine Scout-Sniper.  The best way to reach her is to call her on her cell phone.

Nancy B. Rapoport
UNLV Distinguished Professor
Garman Turner Gordon Professor of Law, William S. Boyd School of Law
Affiliate Professor of Business Law and Ethics in the Lee Business School

nancy.rapoport@unlv.edu
(c) 713-202-1881

SSRN author page:  http://ssrn.com/author=260022
IMDB.com page:  http://imdb.com/name/nm1904564/
Blog:  https://nancyrapoports.blog/

* “The” really is capitalized as part of The Ohio State University’s official name.

Nancy B. Rapoport is a UNLV Distinguished Professor, a 2026 Barrick Distinguished Scholar, the Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada, Las Vegas, and an Affiliate Professor of Business Law and Ethics in the Lee Business School at UNLV.  After receiving her B.A., summa cum laude, from Rice University in 1982 and her J.D. from Stanford Law School in 1985, she clerked for the Honorable Joseph T. Sneed III on the United States Court of Appeals for the Ninth Circuit and then practiced law (primarily bankruptcy law) with Morrison & Foerster in San Francisco from 1986-1991.  She started her academic career at The* Ohio State University College of Law in 1991, and she moved from Assistant Professor to Associate Professor with tenure in 1995 to Associate Dean for Student Affairs (1996) and Professor (1998) (just as she left Ohio State to become Dean and Professor of Law at the University of Nebraska College of Law).  She served as Dean of the University of Nebraska College of Law from 1998-2000.  She then served as Dean and Professor of Law at the University of Houston Law Center from July 2000-May 2006 and as Professor of Law from June 2006-June 2007, when she left to join the faculty at Boyd.  She served as Interim Dean of Boyd from 2012-2013, as Senior Advisor to the President of UNLV from 2014-2015, as Acting Executive Vice President & Provost from 2015-2016, as Acting Senior Vice President for Finance and Business (for July and August 2017), and as Special Counsel to the President from May 2016-June 2018.  In 2022, UNLV’s Alumni Association named her the Outstanding Faculty Member of the Year.  Boyd law students have honored her three times:  she tied (with Professor Jean Sternlight) for “Faculty Member of the Year” in 2024; she was named “Faculty Member of the Year” (and faculty commencement speaker) in 2021; and she was named “Dean of the Year” by Boyd law students in 2013.  She served as the President of UNLV’s Chapter 100 of Phi Kappa Phi from 2024-2025.

 

She is a Fellow of the American College of Bankruptcy and the American Bar Foundation.  Her specialties are bankruptcy ethics, ethics in governance, law firm behavior, artificial intelligence and the law, and the depiction of lawyers in popular culture.  Among her published works are Bernard A. Burk, Veronica J. Finkelstein & Nancy B. Rapoport, Ethical Lawyering: A Guide for the Well-Intentioned (Aspen Publishing 2021; 2d ed. 2025), Nancy B. Rapoport & Joseph R. Tiano, Jr., A Short & Happy Guide to the Ethics of Using AI and Other Legal Tech (West Academic, forthcoming 2026); and the animated video Aspen Practice Perfect Series, Professional Responsibility (2024) (with Andrew M. Perlman and Melissa B. Shultz).  She is admitted to the bars of the states of California (inactive member), Ohio (inactive member), Nebraska (inactive member), Texas, and Nevada and of the United States Supreme Court.  In 2001, she was elected to membership in the American Law Institute, and in 2002, she received a Distinguished Alumna Award from Rice University.  In 2017, she was inducted into Phi Kappa Phi (Chapter 100).  She is back on the Board of Directors of the National Museum of Organized Crime and Law Enforcement (the Mob Museum) and also serves as a Trustee of Claremont Graduate University and as the Chair of its Audit and Risk Management Committee.  In 2009, the Association of Media and Entertainment Counsel presented her with the Public Service Counsel Award at the 4th Annual Counsel of the Year Awards.  In 2017, she received the Commercial Law League of America’s Lawrence P. King Award for Excellence in Bankruptcy, and in 2018, she was one of the recipients of the NAACP Legacy Builder Awards (Las Vegas Branch #1111).  In 2025, she received the Commercial and Consumer Law Scholarship Award from the Section on Commercial and Consumer Law at the annual meeting of the Association of American Law Schools.  She has served as the fee examiner or as chair of the fee review committee in such large bankruptcy cases as Zetta Jet, Toys R Us, Caesars, Station Casinos, Pilgrim’s Pride, and Mirant.

 

She has also appeared in the Academy Award®-nominated movie, Enron: The Smartest Guys in the Room (Magnolia Pictures 2005) (as herself).  Although the movie garnered her a listing in www.imdb.com, she still hasn’t been able to join the Screen Actors Guild.  In her spare time, she competes, pro-am, in American Rhythm and American Smooth ballroom dancing.  In 2014, she won the national U.S. Open Pro/Am Rising Star American Smooth Competition B Division, and in 2017, she came in 2nd in the “C” Open to the World Pro/Am American Style 9-Dance Championship.  The most interesting thing about her is that she is married to a former Marine Scout-Sniper.  The best way to reach her is to call her on her cell phone.

Nancy B. Rapoport

UNLV Distinguished Professor

Garman Turner Gordon Professor of Law, William S. Boyd School of Law

Affiliate Professor of Business Law and Ethics in the Lee Business School

nancy.rapoport@unlv.edu

(c) 713-202-1881

SSRN author page:  http://ssrn.com/author=260022

IMDB.com page:  http://imdb.com/name/nm1904564/

Blog:  https://nancyrapoports.blog/

* “The” really is capitalized as part of The Ohio State University’s official name.

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