Debtor-in-Possession Financing

Funding a Chapter 11 Case

American Bankruptcy Institute (2012)

Henry Kevane and John Lucas are among the coauthors of the American Bankruptcy Institute's new book on financing the chapter 11 debtor. Mr. Kevane wrote "Anatomy of a DIP Financing Order" and Mr. Lucas contributed "Approval of the DIP Financing Order."

From the ABI website: "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."  

For more information, please visit the ABI:

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