savings
assn
timbers
inwood
forest
argued
december
decided
january
bankruptcy
petition
filed
bankruptcy
code
provides
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actions
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realize
value
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section
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cause
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meaning
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creditors
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claims
congress
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creditors
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time
numerous
cases
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year
filing
bankruptcy
petition
pp
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petitioner
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condition
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claimant
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expenses
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claims
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code
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secured
creditors
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costs
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without
merit
congress
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work
change
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rule
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undersecured
creditors
postpetition
interest
finally
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interpret
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creditors
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inconsistent
allows
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unsecured
claims
debtor
proves
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product
congressional
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case
inequitable
effects
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pp
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statements
legislative
history
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creditors
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plain
textual
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intent
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improbable
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made
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creditors
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interest
without
specifically
mentioning
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history
petitioner
argument
chapter
xi
gave
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creditors
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right
foreclose
silence
code
legislative
history
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right
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intent
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interest
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authorities
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clear
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chapter
xi
rule
absolute
entitlement
foreclose
even
assuming
indicates
enacting
chapter
current
code
congress
adopted
approach
chapters
xii
undersecured
creditor
absolute
right
pp
scalia
delivered
opinion
unanimous
miles
cohn
argued
cause
filed
briefs
petitioner
leonard
simon
argued
cause
respondent
brief
daphne
levey
timothy
henderson
briefs
amici
curiae
urging
reversal
filed
solicitor
general
fried
assistant
attorney
general
willard
deputy
solicitor
general
cohen
california
league
savings
institutions
et
al
john
graham
national
commercial
finance
association
bruce
schimberg
rex
lee
ronald
trost
shalom
kohn
frank
kennedy
thomas
jackson
pro
se
briefs
amici
curiae
urging
affirmance
filed
global
marine
harvey
miller
baker
martin
bienenstock
national
association
credit
management
et
al
richard
levin
kenneth
klee
raymond
nimmer
pro
se
edward
ripley
pro
se
filed
brief
amici
curiae
justice
scalia
delivered
opinion
petitioner
savings
association
texas
seeks
review
en
banc
decision
appeals
fifth
circuit
holding
petitioner
entitled
receive
respondent
debtor
undergoing
reorganization
bankruptcy
monthly
payments
use
value
loan
collateral
bankruptcy
stay
prevented
possessing
timbers
inwood
forest
associates
granted
certiorari
resolve
conflict
courts
appeals
regarding
application
bankruptcy
code
ed
supp
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compare
grundy
nat
bank
tandem
mining
american
mariner
industries
see
also
briggs
transp
june
respondent
timbers
inwood
forest
associates
executed
note
principal
amount
petitioner
holder
note
well
security
interest
created
day
apartment
project
owned
respondent
houston
texas
security
interest
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rents
project
march
respondent
filed
voluntary
petition
chapter
bankruptcy
code
et
seq
ed
supp
iv
bankruptcy
southern
district
texas
march
petitioner
moved
relief
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enforcement
liens
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ground
lack
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hearing
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evidence
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pay
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contended
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agreed
april
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per
annum
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months
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petition
reflect
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bear
creek
ministorage
editorial
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earlier
decision
held
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applied
payments
see
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district
petitioner
amount
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district
affirmed
fifth
circuit
en
banc
reversed
granted
certiorari
determine
whether
undersecured
creditors
entitled
compensation
delay
caused
automatic
stay
foreclosing
collateral
ii
bankruptcy
petition
filed
bankruptcy
code
provides
automatic
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among
things
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value
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provision
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central
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request
party
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shall
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terminating
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subsection
section
debtor
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required
section
title
interest
entity
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interest
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terminology
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context
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sorenson
secretary
treasury
one
permissible
meanings
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substantive
effect
compatible
rest
law
see
pilot
life
ins
dedeaux
weinberger
hynson
westcott
dunning
jarecki
searle
case
section
one
series
provisions
bankruptcy
code
dealing
rights
secured
creditors
language
provisions
substantive
dispositions
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party
right
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foreclosure
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code
defines
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follows
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creditors
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holder
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claim
emphasis
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interest
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disallowing
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code
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secured
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value
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petitioner
interpretation
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alternative
method
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theory
duplicate
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implausible
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even
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historical
principles
bankruptcy
law
section
denial
postpetition
interest
undersecured
creditors
merely
codified
bankruptcy
law
denial
part
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allocation
reorganization
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unsecured
creditors
allow
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creditor
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security
worth
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value
debt
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inequitable
unsecured
creditors
vanston
bondholders
protective
committee
green
considered
unfair
allow
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creditor
recover
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ticonic
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bank
sprague
think
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creditors
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congress
want
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liquidation
forbear
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second
petitioner
interpretation
structurally
inconsistent
section
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rule
prepetition
security
interest
reach
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estate
debtor
postpetition
section
sets
forth
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allowing
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rents
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agreement
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interest
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interest
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applicable
law
see
casbeer
johnson
bkrtcy
app
panel
cf
butner
rule
former
bankruptcy
act
section
therefore
makes
possession
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profits
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secured
creditor
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creditors
petitioner
interpretation
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creditor
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creditor
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security
interest
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petitioner
interpretation
makes
nonsense
petitioner
theory
undersecured
creditor
inability
take
immediate
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provides
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relief
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course
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debtor
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market
rate
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petitioner
offers
reason
congress
want
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thoroughly
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creditor
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means
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lower
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including
en
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properly
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must
reasonable
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time
nn
cases
cited
therein
cases
numerous
relief
provided
within
less
year
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bankruptcy
petition
bankruptcy
courts
demand
less
detailed
showings
four
months
debtor
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exclusive
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together
plan
see
even
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period
lack
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iii
petitioner
contends
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petitioner
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forth
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creditor
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provision
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content
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interest
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holders
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petitioner
also
contends
code
embodies
principle
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creditors
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reorganization
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general
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claims
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general
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creditors
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law
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failure
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petitioner
contends
absurd
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interest
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creditors
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petitioner
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bank
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bank
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therefore
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creditors
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creditors
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hardship
petitioner
contends
interpretation
supported
legislative
history
relying
almost
entirely
statements
ecured
creditors
deprived
benefit
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inadequate
overcome
plain
textual
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congress
wish
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creditor
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interest
collateral
term
stay
relevant
legislative
history
tends
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rather
support
petitioner
thesis
since
contains
hint
entitles
undersecured
creditor
postpetition
interest
major
change
existing
rules
likely
made
without
specific
provision
text
statute
cf
kelly
robinson
improbable
made
without
even
mention
legislative
history
petitioner
makes
another
argument
based
upon
legislative
history
contain
contends
law
gave
undersecured
creditor
relief
automatic
stay
permitting
foreclose
congress
withdrawn
entitlement
relief
without
indication
intent
legislative
history
unless
providing
adequate
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wit
interest
collateral
stay
premise
argument
flawed
petitioner
concedes
brief
petitioner
undersecured
creditor
absolute
entitlement
foreclosure
chapter
xii
case
foreclose
reasonable
prospect
successful
rehabilitation
within
reasonable
time
see
yale
express
system
chapter
nevada
towers
associates
collier
bankr
cas
mb
bkrtcy
sdny
chapter
xii
consolidated
motor
inns
collier
bankr
cas
mb
bkrtcy
nd
thus
even
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petitioner
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undersecured
creditor
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entitlement
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congress
faced
choice
adopting
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chapters
xii
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alternative
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chapter
xi
chapter
current
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xi
xii
bankruptcy
act
single
chapter
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see
also
think
indicates
congress
adopted
approach
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xii
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far
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legislative
history
point
concerned
strange
respect
alteration
asserted
chapter
xi
rule
respect
alteration
chapters
xii
rule
petitioner
argument
weakened
fact
far
clear
distinctive
chapter
xi
rule
absolute
entitlement
foreclosure
least
one
leading
commentator
concluded
chapter
xi
power
stay
lien
enforcement
broad
chapter
xii
automatic
stay
rules
properly
make
distinctions
chapters
countryman
real
estate
liens
business
rehabilitation
cases
bankr
petitioner
cites
dicta
chapter
xi
cases
suggesting
undersecured
creditor
automatically
entitled
relief
stay
courts
cases
uniformly
found
addition
reorganization
sufficiently
likely
unduly
delayed
see
bric
america
collier
bankr
cas
mb
bkrtcy
md
motels
collier
bankr
cas
mb
bkrtcy
md
moreover
chapter
xi
cases
held
undersecured
creditors
entitled
foreclosure
reasoning
similar
used
chapters
xii
cases
see
coolspring
estates
collier
bankr
cas
mb
bkrtcy
nd
ind
royal
scot
bankr
crr
bkrtcy
wd
mesker
steel
bankr
crr
bkrtcy
sd
ind
best
divided
authority
chapter
xi
removes
cause
wonder
alleged
departure
commented
upon
legislative
history
fifth
circuit
correctly
held
undersecured
petitioner
entitled
interest
collateral
stay
assure
adequate
protection
petitioner
never
sought
relief
stay
ground
lack
adequate
protection
accordingly
judgment
fifth
circuit
affirmed
footnotes
see
anderson
oaks
phase
limited
partnership
bkrtcy
wd
tex
immediately
bankruptcy
filings
new
american
food
concepts
bkrtcy
nd
ohio
months
ridge
bkrtcy
ed
months
park
timbers
bkrtcy
del
months
bellina
restaurants
ii
bkrtcy
sd
month
anchorage
boat
sales
bkrtcy
edny
months
terra
mar
associates
bkrtcy
months