Texas Tech School of Law Journals
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Browsing Texas Tech School of Law Journals by Subject "11 U.S.C. Section 362(d)(1)"
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Item Undersecured Creditors Are Not Entitled to Opportunity Cost Payments Under 11 U.S.C. Section 362(d)(1) for the Delay Caused by the Automatic Stay of Foreclosure on Their Collateral: United Savings Association of Texas v. Timbers of Inwood Forest Associates, Ltd., ___ U.S. ___, 108 S. Ct. 626, 98 L. Ed. 2d 740 (1988)(Texas Tech Law Review, 1989) Pearson, Kenneth W.Examines the Savings Association of Texas case in light of the issue of whether section 362(d)(1) required post-petition payments as a prerequisite to an undersecured lender being “adequately protested.” The Supreme Court held that United was not entitled to post-petition payments for its lost opportunity costs. The article further looks at adequate protection and section 362(d)(1) and how this decision may be followed by the bankruptcy courts.