Putnal V. SunTrust May Upset Addison Precedent

Law360, New York (June 20, 2013, 2:19 PM EDT) -- Bankruptcy courts are divided on whether post-petition “rents” under section 552(b)(2) of the Bankruptcy Code are entitled to adequate protection. Arising most frequently in cases in which all, or substantially all, cash collateral is generated from hotels, apartments and other lodging properties, the resolution of this issue often dictates the course of a bankruptcy case, potentially leading to dismissal of the case due to inability to pay counsel or other administrative expenses.

If a bankruptcy court rules that rents accruing post-petition are entitled to adequate protection,...
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