adequate protection

adequate protection. Bankruptcy. The protection afforded to a holder of a secured claim against the debtor, such as a periodic cash payment or an additional lien (the bankruptcy court permitted the lender to foreclose on the debtor’s home after finding a lack of adequate protection of the lender’s property interest).11 USCA § 361. [Cases: Bankruptcy 3062. C.J.S. Bankruptcy § 208.]

“Bankruptcy intends to safeguard secured creditors‘ encumbrances, but the stay threatens them by preventing the secured creditors from foreclosing or taking other actions to apply the property’s value against the secured debt. Bankruptcy aims to guard against this threat by ordering relief … for lack of adequate protection of the secured interest.” David G. Epstein et al., Bankruptcy § 3-27, at 140 (1993).


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