Twin Daggers: Proposed 363(x) Amendments and Revisions to Adequate Protection Provisions Would Significantly Erode Secured Creditors’ Recoveries

As discussed in our first two installments, the American Bankruptcy Institute released its Final Report and Recommendations containing proposals to modify the Bankruptcy Code, many of which will have significant and negative implications for secured creditors. This article discusses two of the Report’s additional proposed changes that, if approved, would greatly alter secured creditors’ rights during the initial period after the commencement of a bankruptcy case. 

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