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
This CLE course 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.
Outline
- Evaluating finance terms in current market environment
- Documenting the financing arrangement
- 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
Erich N. Durlacher
Partner
Burr & Forman
Mr. Durlacher practices in the firm's Creditors' Rights and Bankruptcy Practice Group assisting companies,... | Read More
Mr. Durlacher practices in the firm's Creditors' Rights and Bankruptcy Practice Group assisting companies, banks, and other financial institutions in a variety of bankruptcy matters. He services clients in the resolution of complex commercial issues, the restructuring of performing and distressed credit facilities and swap agreements, and the maximization of debt and collateral recovery. Mr. Durlacher has extensive experience in the representation of companies, secured lenders, and other financial institutions in debt restructurings, workouts and forbearance agreements; the negotiation and closing of commercial loans; the prosecution of receivership and other judicial actions to protect, preserve, and recover collateral; and Chapter 11 bankruptcy cases.
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John D. Elrod
Shareholder
Greenberg Traurig
Mr. Elrod focuses his practice on bankruptcy, creditors' rights, and commercial litigation. He regularly represents... | Read More
Mr. Elrod focuses his practice on bankruptcy, creditors' rights, and commercial litigation. He regularly represents secured lenders, indenture trustees, creditor committees, estate fiduciaries, and other parties in commercial bankruptcies, out of court restructurings, and litigation. John also has wide-ranging experience in litigation involving complex fraudulent transfers, corporate director and officer fiduciary duty claims, and public finance matters. He has broad experience in federal, state, and bankruptcy courts throughout the United States.
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