Authority to Obtain Credit Under Section 364 (Motion)

 

11 U.S.C. § 364

Fed. R. Bank. P. 4001(c) or (d)

 

 

Motions for authority to obtain credit must be made in accordance with Rule 9014 and be accompanied by a copy of the credit agreement and a proposed form of order. FRBP 4001(c)(1)(A).  

 

Under 11 U.S.C. § 364 must describe the collateral, if any, and the protection for any existing interest in the collateral which may be affected by the proposed agreement.

 

 

 

Docket Event:

 

[Bankruptcy> Motions/Applications> Authority to Obtain Credit Under Section 364]

 

Requirements:

 

EE Cases

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Motion with Certificate of Service

*21 Day Notice to creditors/parties in interest

Set for hearing

Set for hearing

Proposed Order

Proposed Order

Proposed Order

 

*Movant must give notice to:  

 

(1) Unsecured creditor's committee or its authorized agent.  If no unsecured creditor's committee, then on the 20 largest unsecured creditors.

 

(2) On any other entity, the court directs.

  • Secured creditors

  • Taxing authorities

  • Parties who have filed a notice of appearance