23 Mar 2021
Make Sure You Have Protection and it Is Adequate
You represent a secured lender in connection with its borrower’s upcoming bankruptcy case. Your client wants to understand its rights in bankruptcy for purposes of negotiating a cash collateral agreement with the borrower. You need to explain the lender’s right to adequate protection.
Related Content
- Cash Collateral
See this practice note for information on cash collateral and the right to adequate protection. - 363 Sales and Adequate Protection
Consider this practice note for a discussion of the impact of Section 363 sales on second lien holders in the context of provisions in the intercreditor agreement relating to adequate protection. - Relief From the Automatic Stay for Cause, Including Adequate Protection
Review this practice note for a discussion of relief from the automatic stay under Section 362(d)(1) of the Bankruptcy Code, including relief for a lack of adequate protection. - Motion to Lift the Automatic Stay Under Section 362(d)(1) for Lack of Adequate Protection
Use this form when drafting a motion to lift the automatic stay under Section 362(d)(1) for lack of adequate protection.
Practical Guidance Updates
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- Subchapter V Cases
- Receiverships and Bankruptcy
- The Practical Guidance Journal Spring 2021 Edition
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