Post-Petition Bankruptcy Financing

Evaluating and Documenting DIP Financing and Obtaining Cash Collateral and Financing Orders

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


Conducted on Thursday, February 23, 2012

Recorded event now available

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Program Materials

This CLE webinar will provide bankruptcy attorneys with an analysis of trends and legal developments regarding various DIP financing terms and conditions. The panel will outline best practices for documenting post-petition financing and obtaining or contesting cash collateral and financing motions.

Description

In the current credit market, cash collateral use and DIP financing are often subject to an evolving list of conditions by lenders to limit the risks of post-petition financing. One trend that has emerged is the rollover of pre-petition secured debt, a condition closely scrutinized by the courts.

Pre-petition lenders often seek releases from the debtor regarding the validity, priority and amount of the pre-petition claims as well as a release of defenses. Other common financing terms include carve-outs, liens on avoidance actions, Section 506(c) waivers, and waiver of the automatic stay.

Bankruptcy courts vary in their treatment of financing conditions, and more closely scrutinize cash collateral and financing motions that involve financing by defensive lenders. Offensive lenders have more leverage with the borrower regarding financing terms and receive less scrutiny by courts.

Listen as our authoritative panel of bankruptcy practitioners offers guidance through the post-petition financing process and discusses emerging financing terms and conditions in the current challenging credit markets.

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Outline

  1. Evaluating finance terms in current market environment
  2. Documenting the financing arrangement
  3. Obtaining bankruptcy court approval of cash collateral and financing motions

Benefits

The panel will review these and other key questions:

  • What must counsel consider in evaluating defensive versus offensive DIP lenders?
  • What challenges does a debtor face in seeking an order to use cash collateral?
  • How do bankruptcy courts treat releases of pre-petition secured lenders?
  • What are the current trends with respect to roll-up financing and cross-collateralization?
  • What are the best practices for documenting DIP financing to obtain approval by the courts?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Michael M. Eidelman
Michael M. Eidelman

Partner
Vedder Price

He concentrates his practice in bankruptcy and insolvency matters and has been lead counsel for debtors, secured and...  |  Read More

Erika L. Morabito
Erika L. Morabito

Partner
Foley & Lardner

She concentrates her practice in bankruptcy, creditors' rights, debtor reorganizations, and out-of-court...  |  Read More

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