Summary
Bankruptcy code for debtors
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Extract
A Pound of Flesh or a Reasonable Toll?
The Debtor's Perspecive on Professional fee Carve-outs as Pre-Conditions to Cash Collateral, Financing & Asset Sales in Liquidating Chapter 11 Cases
1. Introduction From the perspective of a liquidating chapter 11 debtor, professionals' fees and the costs of DIP financing are the several pounds of flesh and the reasonable toll required for the extraordinary relief offered by the U.S. Bankruptcy Code. In almost every case, chapter 11 debtors must have financing in order to continue operating, reorganize, and/or liquidate assets. Typically, such financing will come from secured postpetition credit and the use of prepetition Lenders' cash collateral. Postpetition secured credit is often extended by the debtor's prepetition lenders or a subset thereof. Following extensive negotiations with prepetition lenders and others, chapter 11 debtors will approach the Bankruptcy Court and request authority to use cash collateral and borrow funds pursuant to s.s. 363 and 364 of the Bankruptcy Code. Such financing is generally referred to as the "DIP Facility." 2. The DIP Facility a. Overall Structure Statutory provisions and negotiations between the debtor and its lenders usually combine to produce a DIP Facility...See the full content of this document
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