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Expert Analysis

A Tale Of 2 Burdens Of Proof In Ch. 11

Law360, New York (May 10, 2013, 3:40 PM EDT) -- In AMR Corporation, et al., Debtors, Case No. 12-3967 (S.D.N.Y. April 3, 2013), the United States District Court for the Southern District of New York acknowledged that to be granted relief from the automatic stay under 11 U.S.C. § 362(d), a secured creditor has the initial burden to show that there has been a decline — or at least a risk of decline — in the value of its collateral. Only then will the burden shift to the debtor to prove that the value of the collateral is not, in fact, declining....

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