Legal Opinion
United Savings Ass'n v. Timbers of Inwood Forest Associates, Ltd.
Court of Appeals for the Fifth Circuit
Decided January 9, 1987No. 85-2678PublishedCited by 22 opinions
1Opinion of the Court
RANDALL, Circuit Judge:
The court granted rehearing en banc of this appeal to consider whether the adequate protection provisions of the Bankruptcy Code of 1978, 11 U.S.C. §§ 362(d)(1) and 361, can be construed to require a Chapter 11 debtor to provide an undersecured creditor with payments during the pendency of the automatic stay representing interest on the value of the secured creditor’s collateral or compensation for the lost opportunity of reinvesting the proceeds of such collateral. The panel opinion, 793 F.2d 1380 (5th Cir.1986), which held that the adequate protection provisions…
2Cases cited20 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Russello v. United StatesSupreme Court of the United States · 1983
- United States v. PriceSupreme Court of the United States · 1960
- Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
- In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
15 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re Timbers Of Inwood Forest Associates, Ltd.Court of Appeals for the Fifth Circuit · 1987
- In Re Delta Resources, Inc., Debtor. Orix Credit Alliance, Inc. v. Delta Resources, Inc.Court of Appeals for the Eleventh Circuit · 1995
- In the Matter of Elray and Jean Rash, Debtor. Associates Commercial Corporation v. Elray Rash and Jean E. RashCourt of Appeals for the Fifth Circuit · 1996
- In the Matter of Elray Rash and Jean Rash, Debtors. Associates Commercial Corporation v. Elray Rash and Jean RashCourt of Appeals for the Fifth Circuit · 1994
- In Re Marion Street PartnershipUnited States Bankruptcy Court, D. Minnesota · 1989
17 more not listed; retrieve them via the Exa API.