Post-Petition Bankruptcy Financing

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

A live 90-minute CLE webinar with interactive Q&A


Thursday, February 27, 2020 (in 7 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

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

DIP financing extends a lifeline to any business in Chapter 11, enabling it to maintain payroll and suppliers, stabilize operations, and restructure its balance sheet. But the use of cash collateral and DIP financing are often subject to an evolving list of conditions by lenders to limit the risks of post-petition financing.

Because post-petition lenders are given protection in the form of a senior lien position, 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 standard 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 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 vital 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 concerning roll-up financing and cross-collateralization?
  • What are the best practices for documenting DIP financing to obtain approval by the courts?

Faculty

Durlacher, Erich
Erich N. Durlacher

Partner
Burr & Forman

Mr. Durlacher practices in the firm's Creditors' Rights and Bankruptcy Practice Group assisting companies,...  |  Read More

Elrod, John
John D. Elrod

Shareholder
Greenberg Traurig

Mr. Elrod focuses his practice on bankruptcy, creditors' rights, and commercial litigation. He regularly represents...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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