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§ 361

West Nottingham Acad., In re

Ruling
Court found that the amount of the creditor's equity cushion in the property was sufficientadequate protection and as such, so no adequate protection payments were required duringthe preconfirmation period. (Bankr. D. Md.)
Issue(s)
Adequate Protection.

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Commercial opinion summary, case decided on August 09, 2024 , LexisNexis #1024-053

Bay Circle Props., LLC, In re--Good Gateway, LLC v. NRCT, LLC

Ruling
Debtors as guarantors under a settlement agreement were the only parties who could be liablefor contribution. (Bankr. N.D. Ga.)
Issue(s)
Adequate Protection.

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Commercial opinion summary, case decided on August 23, 2022 , LexisNexis #1022-074

Gerke, In re

Ruling
Debtors' motion to use cash collateral was granted where debtor's continued farmingoperations did not carry any different or additional risks that threatened to erode the Bank'spre-petition position. (Bankr. D. Colo.)
Issue(s)
Adequate Protection.

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Consumer opinion summary, case decided on October 28, 2021 , LexisNexis #0122-053

Velasco-Rodriguez, In re

Ruling
Adequate protection was appropriate from the date of creditor’s motion but retroactive reliefwas not appropriate. (Bankr. E.D.N.Y.)
Issue(s)
Adequate Protection.

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Consumer opinion summary, case decided on January 14, 2021 , LexisNexis #0221-077

Grooters Feedlot, LLC, In re

Ruling
Debtor's motion for permanent use of cash collateral was granted in part where bank wasoversecured and court found no substantial risk. (Bankr. N.D. Iowa)
Issue(s)
Adequate Protection.

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Commercial opinion summary, case decided on May 01, 2018 , LexisNexis #0618-036

Bay Circle Props., In re

Ruling
Court determined that there was no basis to substantively consolidate five debtors as no evidence existed warranting the need to do so, thus protecting the other creditors. (Bankr. N.D. Ga.)
Issue(s)
Adequate Protection.

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Commercial opinion summary, case decided on November 06, 2017 , LexisNexis #1217-033

Studensky v. Buttery Co. LLP (In re Argubright)

Ruling
Texas law did not void judgment lien upon discharge since creditor's rights were fixed on petition date could not be altered by state law.
Issue(s)
Whether a Texas law takes away a judgment lienholder's secured status in a bankruptcy case, following the debtor's discharge under the Bankruptcy Code?

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Consumer opinion summary, case decided on July 02, 2015 , LexisNexis #0715-111

In re R & G Props.

Ruling
Creditor entitled to adequate protection including a lien on surplus rents for debtor's continued use of cash collateral.
Procedural posture

The debtor filed for chapter 11 bankruptcy relief. A secured creditor filed a fourth motion under 11 U.S.C.S. § 361, seeking adequate protection payments and replacement liens as adequate protection for the continued use of its cash collateral for the operation and maintenance of the debtor's five mobile home parks.

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Commercial opinion summary, case decided on July 06, 2009 , LexisNexis #0909-075

Pluta v. TallyGenicom LP (In re TallyGenicom LP)

Ruling
Stay pending appeal of sale of intellectual property and appropriate amount of adequate protection denied.
Procedural posture

The bankruptcy court approved appellee debtors' sale of certain intellectual property if the purchaser provided adequate protection of appellant's purported ownership interest in certain intellectual property (IP). Appellant challenged the order and filed an emergency motion for stay pending appeal.

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Commercial opinion summary, case decided on March 20, 2009 , LexisNexis #0409-039