Recent Developments in Adequate Protection Under Section 361

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Norton Annual Survey of Bankruptcy Law & Practice, 2012 Edition
“Adequate protection” is a term that is used numerous times in the Bankruptcy Code but is not explicitly dened. Adequate protection is introduced in section 361 of the Bankruptcy Code and arises in relation to: (1) the automatic stay (section 362); (2) the use, sale or lease of property (section 363); and (3) priming liens in postpetition nancing (section 364).