362(d)—Lifting the stay.
a. (1)—possible to lift the stay for cause including lack of adequate protection. The idea of adequate protection is to make sure that a secured creditor will not be made worse off b/c of the automatic stay. IOW, they may want to dispose of collateral b/4 it drops in price. If a judge doesn’t think that the creditor is adequately protected, there are ways of providing adequate protection are listed under §361. There will be no need for adequate protection if property involved doesn’t depreciate.
b. (2) possible to lift stay if debtor has no equity in the prop and the prop is not necessary for an effective reorg. Creditor might say that it is not necessary for an effective reorg b/c there will be no reorg. (So, comes into play under Ch. 13.) Under 362(g) Creditor has burden of proving amount of debtor’s equity, and trustee has burden on everything else.
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