Adequate Protection of Opportunity Cost after In Re Briggs

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Authors
Anderson, Terry
Issue Date
1986
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Journal Article
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INTRODUCTION|When a debtor files a petition under Chapter 11 of the Bankruptcy Code, the initial goal is usually to obtain a respite from creditors and their collection efforts. The principal means by which the Bankruptcy Code provides respite is the automatic stay provision of section 362. This provision, which is "one of the fundamental debtor protections provided by the bankruptcy laws, prohibits creditors from taking action outside the bankruptcy courts to collect prepetition debts from the debtor or his property. The debtor can use this breathing spell to formulate a plan of reorganization, restructuring his finances so he may keep operating, pay his debts, and produce a return...
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19 Creighton L. Rev. 765 (1985-1986)
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Creighton University School of Law
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