§361—Adequate Protection—may need this to prevent stay lifting. Ways of providing adequate protection include:
a. (1) require trustee to make a cash payment or periodic cash payments to the extent that the stay results in a decrease in the value of the prop.
b. (2) Provide creditor w/ an additional or replacement lien to the extent that the stay will result in a decrease in the value of creditor’s prop. (If debtor doesn’t have additional unencumbered prop, he can’t use this section).
c. (3) Granting such other relief.
d. Note: In valuing property to determine necessity for adequate protection, there is conflict for secured creditor who may prefer to value prop so they look fully secured—that way they get post-pet and post-confirmation interest.
e. Note—Equity Cushion. Debtor may say that a creditor is adequately protected w/out any of above actions b/c the collateral is worth more than the amount of debt. Ex—SI of 2k on a computer worth 3k.
f. Note—Adequate protection for under-secured creditor is only to extent of collateral.
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