Cash Collateral and DIP Loan Contests

Show me the money! Debtors in Chapter 11 cases cannot survive without money to continue operations, pay vendors and professionals, and work to restructure debt and/or sell assets. Where do those necessary funds come from?  There are really only two sources – cash the debtor has or can generate (in either case, generally the collateral of the secured lender) or new money coming into estate in the form of a post-petition debtor-in-possession (DIP) loan. At the very outset of the case, a debtor must obtain a court order allowing it to use its cash when that cash is the collateral of a third party or must obtain authority from the court to borrow funds. In either case, what the debtor is permitted or not permitted to do can seal the fate of a case from the outset.  As a result, the battles over the terms of the use of cash collateral or DIP financing are some of the most hotly contested in the Chapter 11 process.  This webinar examines the issue involved and how the various constituencies fight about them.

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Webinar Faculty

Moderator:

Mark Melickian

Mark Melickian leads Sugar Felsenthal Grais & Helsinger LLP’s restructuring practice. Over the past 20 plus years, he has worked primarily on business transactional and litigation matters with a focus on… Read More

Panelists:

Christopher Wick

Christopher B. Wick is a corporate restructuring and bankruptcy partner with Hahn Loeser and Parks LLP. Mr. Wick focuses his practice on corporate reorganizations, workouts, debtors’ and creditors’ rights, and… Read More

Michael Atkinson

EDUCATIONAL BACKGROUND AND CERTIFICATIONS MBA, Loyola University CPA License, Maryland Certified Insolvency & Restructuring Advisor (CIRA) Accredited Valuation Professional (ABV) Certified Valuation Analyst (CVA) Certified Fraud Examiner (CFE) Certified in… Read More

Michael Riela

Mike Riela is a partner in Tannenbaum Helpern’s Creditors’ Rights and Business Reorganization practice. With more than 15 years of experience, Mike advises companies on complex restructuring, distressed M&A, loan… Read More