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Chapter 11 First-Day Motions: Continuing Ordinary Operations, Securing Financing, Paying Essential Creditors, and More

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, May 2, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will offer counsel a practical guide to the most common first-day motions filed in a voluntary Chapter 11 bankruptcy. The panel will discuss debtor and creditor strategies for key requests and what courts expect to see in court filings.


First-day motions are, as the name suggests, filed the same day as the bankruptcy case and are designed to ensure a smooth transition from operating entity to debtor-in-possession (DIP), consistent with the duties, rights, and privileges authorized in the Bankruptcy Code. Preparing for and drafting these motions takes significant planning and sets the tone and stage for the rest of the case.

When considering first-day requests, courts balance the urgency of the debtor's need for immediate relief against the due process rights of creditors and other parties to object or negotiate different terms. Thus, most first-day relief is granted on an interim basis with final relief granted at a later date. Parties have to anticipate this and include appropriate language in the relevant orders.

Some very important issues get presented in first-day motions, especially those related to DIP financing, cash collateral, and treatment of certain types of claims. These are not boilerplate documents and can often make or break the case.

Listen as this experienced panel guides counsel for debtors, creditors, and other stakeholders through best strategies and practices for negotiating, drafting, and responding to first-day motions.



  1. General considerations and strategies
  2. Prioritizing what relief to request in First-Day motions
  3. Procedural and evidentiary considerations
  4. Selected First-Day motions
    1. First-Day declarations
    2. Debtor-in-possesion financing
    3. Cash collateral
    4. Wages and employee compensation
    5. Critical vendors
    6. Reclamation procedures
    7. Cross-border foreign representative orders


The panel will review these and other key issues:

  • What are the biggest mistakes debtor's counsel should avoid with respect to first-day motions?
  • What terms are and should be acceptable in first-day cash-collateral and DIP-financing orders?
  • What categories of first-day relief are the most controversial?
  • Which creditors should be consulted when preparing first-day motions?
  • Which courts have forms or procedures for first-day motions?


Barefoot, Luke
Luke A. Barefoot

Cleary Gottlieb Steen & Hamilton

Mr. Barefoot’s practice focuses on bankruptcy litigation, insolvency, corporate restructuring and related...  |  Read More

Duedall, Mark
Mark I. Duedall

Bryan Cave Leighton Paisner

Mr. Duedall is in the firm’s Restructuring & Insolvency Practice Group. He represents various parties in...  |  Read More

Feil, Tinamarie
Tinamarie Feil

President of Client Services and Co-Founder
BMC Group

Ms. Feil is co-founder and the President of Client Services of BMC Group. She has 30 years experience directing various...  |  Read More

Hammer, Paul
Paul Hammer

Barron & Newburger

Mr. Hammer has extensive experience in handling bankruptcy and reorganization proceedings in a number of economic...  |  Read More

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