Centerpoint Props. Trust v. Olde Prairie Block Owner LLC (In re Olde Prairie Block Owner LLC)
Sep
30
2011
Ruling
Ban on appellate review of unstayed orders for DIP financing does not require explicit finding of good faith and applies whether or not funds were disbursed.
Procedural posture
In appellee debtor's Chapter 11 case, the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division, conditionally denied appellant lien holder's motion to lift the automatic stay and denied the lien holder's motions to amend findings of facts and conclusions of law and to enforce the conditional denial. The debtor's motion to enter into a debtor-in-possession credit facility was granted. The lien holder appealed.
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Court
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