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Title 11, BankruptcyRelease 119-102

§1205 Adequate Protection

Title 11 › CHAPTER 12 — ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME › SUBCHAPTER I — OFFICERS, ADMINISTRATION, AND THE ESTATE › § 1205

Last updated Aug 21, 2026|Official source

Summary

Section 361 does not apply in a case under this chapter. When a stay, use, sale, lease, or a new lien under sections 362, 363, or 364 lowers the value of a party’s interest in property, the court can protect that interest by: requiring the trustee to make cash payments; giving an extra or replacement lien; paying reasonable farmland rent based on local rental value and income; or providing other relief, but not payment as an administrative expense under section 503(b)(1).

Full Legal Text

Title 11, §1205

Bankruptcy, Source: USLM XML via OLRC

(a)section 361 does not apply in a case under this chapter.
(b)In a case under this chapter, when adequate protection is required under section 362, 363, or 364 of this title of an interest of an entity in property, such adequate protection may be provided by—
(1)requiring the trustee to make a cash payment or periodic cash payments to such entity, to the extent that the stay under section 362 of this title, use, sale, or lease under section 363 of this title, or any grant of a lien under section 364 of this title results in a decrease in the value of property securing a claim or of an entity’s ownership interest in property;
(2)providing to such entity an additional or replacement lien to the extent that such stay, use, sale, lease, or grant results in a decrease in the value of property securing a claim or of an entity’s ownership interest in property;
(3)paying to such entity for the use of farmland the reasonable rent customary in the community where the property is located, based upon the rental value, net income, and earning capacity of the property; or
(4)granting such other relief, other than entitling such entity to compensation allowable under section 503(b)(1) of this title as an administrative expense, as will adequately protect the value of property securing a claim or of such entity’s ownership interest in property.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

sPermanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of Pub. L. 109–8, set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title. For

Effective Date

s of section and

Amendments

extending periods for which section was reenacted prior to permanent reenactment, see

Effective Date

and

Effective Date

of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title.

Reference

Citations & Metadata

Citation

11 U.S.C. § 1205

Title 11, Bankruptcy

Last Updated

Aug 21, 2026

Release point: 119-102