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§ 363(c)(2)

In re Snead

Apr
01
2008
Ruling
Order for adequate protection payments and enjoining debtor-in-possession from using cash collateral was not necessary where sufficient equity cushion existed in security.
Procedural posture

The holder of a note and a deed of trust to certain real property securing a promissory note given by debtor-in-possession (DIP) asked the court for relief from stay to enjoin the DIP from using cash collateral based on the holder's claim that it did not have adequate protection. At issue was whether there was adequate protection for the holder's interest.

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Consumer opinion summary, case decided on April 01, 2008 , LexisNexis #0508-078
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In re La Ruche Imps. Inc.

Feb
08
2007
Ruling
Chapter 11 debtor with reasonable chance of successful reorganization could use cash collateral to finance operations.
Procedural posture

A chapter 11 bankruptcy debtor moved pursuant to 11 U.S.C. § 363(c)(2)(B) for authority to use the cash collateral of a creditor to finance its continued operations and reorganization, and the creditor opposed the motion.

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opinion summary, case decided on February 08, 2007 , LexisNexis #0407-002
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