Debtor-in-Possession Financing: Funding a Chapter 11 Case

Debtor-in-Possession Financing: Funding a Chapter 11 Case

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Author Details: 
Bradley Wilson
Casey Servais
Eamonn O’Hagan
Eric Carlson
Felicia Gerber Perlman
Hank Baer
Henry Kevane
Ingrid Bagby
John W. Lucas
Matthew Kriegel
Michele Maman
Richard J. Corbi
Scott Farnsworth
Stephen M. Puckowitz
Steve Krause
Tony Miodonka

The Bankruptcy Code provides a variety of mechanisms designed to facilitate a chapter 11 debtor’s access to new credit to fund its reorganization or sale efforts. DIP financing, or credit extended to a chapter 11 debtor, offers unique benefits—and challenges—for those that take on the risk of providing secured credit to troubled businesses. Debtor-in-Possession Financing: Funding a Chapter 11 Case details the real-world application of this part of the Code, particularly § 364, and explains common lending practices, including the critical financial analyses that lenders should complete before entering into a DIP agreement. Concluding with a detailed analysis of a "Model DIP Financing Order," this manual provides practitioners, lenders and debtors with an understanding of the history behind DIP financing and a practical explanation of its often-complex mechanics.

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