This Comment seeks to provide the consumer lender with an understanding of the alternatives available under the new Bankruptcy Code when the creditor's attempts to foreclose on a security interest are stayed by the filing of a petition in bankruptcy. The author reviews the legislative history of the act in order to better define the boundaries of section 362 of the Code and the terms "for cause" and "adequate protection." The author argues that, while the new Code provides workable equitable principles to govern the operation of automatic stays and the use of collateral, it fails to provide predictability upon which a secured creditor can base future dealings.
John L. Smaha,
Automatic Stay under the 1978 Bankruptcy Code: An Equitable Roadblock to Secured Creditor Relief,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol17/iss5/7