Use Cash Collateral (Motion)

7/07/2011

 

Fed. R. Bankr. P. 4001(b)

 

A Motion to Use Cash Collateral is filed when a debtor is seeking permission from the court to use cash collateral consisting of cash, negotiable instruments, deposit accounts, or other cash equivalents.

 

Pursuant to Fed. R. Bankr. P. 4001(b)(c) the motion is required to be served on:

 

(1) any committee elected under 11 U.S.C. § 705 or appointed under 11 U.S.C. § 1102, or its authorized agent, or, if the case is a Chapter 9 or 11 and no committee of unsecured creditors has been appointed, on the creditors included on the 20 Largest Unsecured Creditors List.

 

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

 

 

Docket Event:

[Bankruptcy> Motions/Applications> Use Cash Collateral]

 

Requirements:

EE Cases

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Motion with Certificate of Service

*Set for Hearing - Hearing to be noticed by the movant's attorney. (Noticing the Creditor's Committee, if no committee, then notice all Creditors on the Court's mailing matrix)

Set for Hearing

Set for Hearing

Proposed Order

Proposed Order

Proposed Order

*The CA gets a hearing date, time and location from the Courtroom Deputy and notifies the movant's attorney of the hearing information.

 

The attorney is required to provide notice to the creditor's committee, if no committee appointed, then to all creditors and parties provided on the Court's mailing matrix. The notice must contain the hearing date, time and location as well as a copy of the motion attached.