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.

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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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