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Business Restructuring Review--June 2003 ( August 2003 )
In This Issue: Obligation to Turn Over Collateral Trumps Creditor’s Right to Adequate Protection, Derivative Standing Survives, Sale of Property Free and Clear Extinguishes Lessee’s Possessory Interest, Rule of Explicitness Applied to Subordination Agreements -
Court Denial of Request For Adequate Protection Does Not Trigger Superpriority Status ( June 2000 )
This article discusses a recent ruling by the US District Court whereby the court held the mere denial of adequate protection does not entitle the creditor to a super priority claim for the diminution in value of its collateral if the equity cushion subsequently proves to be inadequate.
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