This Article explores whether a pre-petition waiver of the automatic stay in a bankruptcy proceeding is enforceable. Courts that analyze the enforceability of such waivers address the question of whether a debtor and its creditors should be allowed to opt out of this provision of the Bankruptcy Code. Based on conflict within the bankruptcy courts, the author explores the rationale for such conflict among the courts. He then proposes an approach for resolving this conflict consistent with the various statutory and public policy considerations. He concludes that courts should enforce pre-petition waivers of the automatic stay under limited circumstances.
The Case for Limited Enforceability of a Pre-Petition Waiver of the Automatic Stay,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol32/iss4/5