CopyCited 10 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 25168
Trustee's reliance on Sec. 361(3) is misplaced. Section 361(3) states that adequate protection required under
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Cited as authorityIn Re SCOPAC (2010)phrase: "rule_authority"
CopyCited 6 times | Published | District Court, S.D. Florida | 2010 WL 2774828
...Certainly, a trustee or debtor in possession may substitute tangible collateral for cash collateral or provide a stream of payments to compensate an entity for the declining value of its collateral. The adequacy of protection must be determined on a case by case basis. COLLIER, supra, ¶ 361.03[4], at 361-18....
...That is because ensuring that a creditor receives the value for which it bargained before the debtor had filed for bankruptcy is the principle's raison d'être. See Resolution Trust Corp. v. Swedeland Dev. Grp., Inc. ( In re Swedeland Dev. Grp., Inc. ),
16 F.3d 552, 564 (3d Cir.1994) (en banc); COLLIER, supra, ¶
361.03[1], at 361-11....
...See In re Swedeland Dev. Grp.,
16 F.3d at 564 ("Whether protection is adequate depends directly on how effectively it compensates the secured creditor for loss of value caused by the superpriority given to the post-petition loan. " (emphasis added)); COLLIER, supra, ¶
361.03[5][b], at 361-21 ("The inquiry must evaluate that which is offered as a replacement.")....
...Those cases which have considered improvements to be adequate protection have done so only when the improvements were made in conjunction with the debtor's providing additional collateral beyond contemplated improvements. " (emphasis added)); COLLIER, supra, ¶ 361.03[5][b], at 361-21....
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Cited as authorityHarper (2022)phrase: "rule_authority"
CopyCited 7 times | Published | United States Bankruptcy Court, M.D. Florida | 1980 Bankr. LEXIS 3867
of adequately protecting a secured creditor and § 361(3) provides that if the secured party realizes the
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CopyCited 5 times | Published | United States Bankruptcy Court, N.D. Florida | 26 Collier Bankr. Cas. 2d 1301, 6 Fla. L. Weekly Fed. B 25, 1992 Bankr. LEXIS 191, 22 Bankr. Ct. Dec. (CRR) 1031, 1992 WL 43341
does have such an interest, then, NBD argues, § 361(3) allows for adequate protection by providing the
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Cited as authorityIn Re Kalian (1995)phrase: "rule_authority"
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 422, 1989 WL 28612
address the request for adequate protection. Section 361(3) of the Code allows a Court to provide adequate
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CopyPublished | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 45003
the adequate protection statute, see 11 U.S.C. § 361(3) (stating that, when adequate protection is required
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CopyPublished | Court of Appeals for the Eleventh Circuit
II.A: The Trustee’s reliance on § 361(3) is misplaced. Section 361(3) states that adequate protection
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2001 WL 476396
satisfactory adequate protection in accordance with Section 361(3). According to the Debtors, this indubitable
CopyPublished | Court of Appeals for the Eleventh Circuit
...& Admin.News 1978, pp. 5787, 6295. (“Though the creditor might not re *1020 ceive his bargain in kind, the purpose of the section is to insure that the secured creditor receives in value essentially what he bargained for.”); 2 Collier on Bankruptcy § 361.03 (1983)....
