362 Automatic Stay—comes into play under as w/ any b/r case. (See p. ![]()
1. (a) What the stay applies to
2. (b) What the stay does not apply to
3. (c) When the stay is over
4. (d) When the stay may be lifted.
a. (1) failure to provide adequate protection. (if the property involved doesn’t depreciate, you don’t need adequate protection. Also, won’t win here if there is a big equity cushion.)
b. (2) Stay can be lifted if debtor has no equity in prop and such prop is not necessary for an effective reorg. This eval will look at if prop is necessary for effective reorg and if reogr is even possible—if not, may be good candidate for conversion to liquidation. Under 362(g)—creditor has burden of proving debtor’s lack of equity.
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