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IN RE TIMBERS OF INWOOD FOREST ASSOCIATES, LTD.

No. 85-2678.

808 F.2d 363 (1987)

In re TIMBERS OF INWOOD FOREST ASSOCIATES, LTD., Debtor. UNITED SAVINGS ASSOCIATION OF TEXAS, Movant-Appellee Cross-Appellant, v. TIMBERS OF INWOOD FOREST ASSOCIATES, LTD., Respondent-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

January 9, 1987.

Attorney(s) appearing for the Case

Leonard H. Simon, Daphne L. Levey, Timothy J. Henderson, Houston, Tex., for respondent-appellant cross-appellee.

Thomas H. Jackson, Cambridge, Mass., amicus curiae.

H. Miles Cohn, Houston, Tex., for movant-appellee cross-appellant.

Before CLARK, Chief Judge, GOLDBERG, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, HILL, and JONES, Circuit Judges.

RANDALL, Circuit Judge:

The court granted rehearing en banc of this appeal to consider whether the adequate protection provisions of the Bankruptcy Code of 1978, 11 U.S.C. §§ 362(d)(1) and 361, can be construed to require a Chapter 11 debtor to provide an undersecured creditor with payments during the pendency of the automatic stay representing interest on the value of the secured creditor's collateral or compensation for the lost opportunity of reinvesting...

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