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Opinion 238

Case Name: 

In re Clark Tanklines Co.

Judge: 
U.S. District Court, Utah
Date: 
Aug-6-1987
Case Number(s): 
86C-0545
Status: 

APPEAL
Unpublished

Body: 

The bankruptcy court denied lenders' motion for relief from stay, but granted them adequate protection payments under 11 U.S.C. § 361, to begin 30 days after the hearing. On appeal, the district court held that: (1) in the absence of statutory time mandates, the bankruptcy court had some discretion regarding when protection payments would begin; (2) allowing debtor to purchase certain collateral for fair market value was appropriate protection under § 361, as the "indubitable equivalent" of lenders' interest in that collateral; (3) the bankruptcy court properly concluded that lenders failed to perfect a security interest in vehicles debtor leased from third parties by filing a financing statement that did not appear on the vehicles' titles; and (4) adequate protection does not include compensation for delay in enforcing lenders' right against the collateral. Bankruptcy court's order was affirmed.

Internal Ref: 
Opinion 238
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