Will lenders loan to a company in bankruptcy? In this installment, uncover the many intricacies of DIP financing & cash collateral motions in bankruptcy.
There is a seeming irony here in that a company that files for bankruptcy often does not have the cash to do so. That’s where DIP financing comes in.
Also called “DIP financing,” a DIP loan is a line of credit or other credit provided to a DIP during a bankruptcy case, based upon meticulously-drafted DIP financing agreements that are reviewed by the bankruptcy court (and often the U.S. Trustee and any Committee) for, among other things, compliance with section 364 of the Bankruptcy […]
A “roll-up” refers to a debtor-in-possession (or DIP) financing facility that is provided by the debtor’s prepetition (pre-bankruptcy) lenders and effectively pays off (or “rolls-up”) the prepetition secured debt. The roll-up can take place in a single stage or the debtor, as postpetition funding is obtained, applies an equivalent amount of proceeds first to the repayment of the prepetition […]
Careless mistakes in UCC-3 terminations and continuations can lead to costly litigation with secured parties. Learn best practices for filing and recording.
Whether there is change in collateral or a serial number is listed incorrectly, errors in collateral descriptions can lead to expensive disputes.
It’s typical for secured lenders in a chapter 11 case to set aside a portion of the proceeds of its collateral to pay professional fees. Understand what you may need to know about carve-out fees.
Legal framework governing assumption, assignment, and rejection of executory contracts and unexpired leases in bankruptcy can be complicated.
In this installment, get an overview of Section 365 and understand how executory contracts can keep distressed businesses afloat.
Let’s take a look at bankruptcy from the secured creditor’s perspective (they play a large role in a distressed business situation). Read about what a secured creditor should know when a business files for bankruptcy.