Insights
Event
VALCON 2018: Cutting-Edge Valuation Solutions
Las Vegas, Nevada
May 16-18, 2018
Christopher Kearns took part in a panel on “When Is Adequate Protection Not Adequate?” Panelists discussed issues that have arisen in recent cases regarding adequate protection, including the right and wisdom of current cash payments in the form of legal fees for “secured” creditors, how diminution in value claims for different types of assets is determined, how intercreditor agreements may limit junior secured creditors’ rights to demand and receive adequate protection, and the valuation of assets, including assets used in commodity businesses where value can be cyclical.