[RESERVED] [Former Rules 18 & 24]
U.S. Bankruptcy Court for the Western District of New York
U.S. Bankruptcy Court for the Western District of New York
CASH COLLATERAL OR ADEQUATE PROTECTION AGREEMENTS [SO 10/30/85] All requests for orders approving adequate protection or cash collateral agreements or stipulations shall be sought by written motion and notice of motion, and shall be the subject of a hearing. The party seeking the order shall prepare and serve the motion and notice of motion. Notice shall be given to the parties to the agreement, all parties having any other interest in the collateral, and the creditors’ committee, if any, and the United States Trustee. If there is no creditors’ committee, and notice shall be given to the twenty largest creditors.
At the hearing, after inquiry into the content consequences of the agreement, the Court may direct a further hearing on notice to all creditors or all parties-in-interest. The Court will entertain without a hearing, requests for an order approving a cash collateral agreement or a stipulation which provides for nothing more than a replacement lien on post-petition assets, in an amount equal to the amount of cash collateral used. Rule 4008.
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