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§ 364(d)

Clouter Creek Reserve LLC, In re

Ruling
Court approved debtor’s post-petition financing allowing priming lien on property to enhance value and marketability, despite objections from existing lienholders. (Bankr. D.S.C.)
Issue(s)
Obtaining Credit; Secured by Lien with Priority over Existing Lien.

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Commercial opinion summary, case decided on April 18, 2025 , LexisNexis #0725-033

Grupo Hima San Pablo, Inc., In re

Ruling
Debtors in possession who sought financing did not satisfy the burden to show a creditor'sfirst ranked statutory lien would be adequately protected. (Bankr. D.P.R.)
Issue(s)
Obtaining Credit; Secured by Lien with Priority over Existing Lien; Burden of Proof.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 24, 2023 , LexisNexis #1123-007

Hollister, In re

Ruling
Financing sought by debtor to be secured by priming lien that would put second lienholder inthird position denied. (Bankr. C.D. Cal.)
Issue(s)
Obtaining Credit; Secured by Lien with Priority over Existing Lien.

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Consumer opinion summary, case decided on March 08, 2021 , LexisNexis #0421-080

Packard Square LLC, In re

Ruling
Debtor's motion for approval of post-petition financing was denied for debtor's failure toprove that there is adequate protection of the interests of the lienholders to be primed. (Bankr.E.D. Mich.)
Issue(s)
Obtaining Credit; Secured by Lien with Priority over Existing Lien; Notice and Hearing; Adequate Protection.

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Commercial opinion summary, case decided on October 13, 2017 , LexisNexis #1117-071

First Sec. Bank & Trust Co. v. Vander Vegt

Ruling
Family dairy farmer debtor could pursue alternative financing.
Issue(s)
Had family dairy farmer debtors established that they were entitled to pursue alternative financing by showing that they have been unable to obtain credit by any other means and that creditor bank's position was adequately protected?

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Consumer opinion summary, case decided on May 27, 2014 , LexisNexis #0614-083

In re Satcon Tech. Corp.

Ruling
Emergency motion to authorize settlement providing for offsets and providing creditor with priming lien granted.
Procedural posture

The chapter 11 debtors filed an emergency motion for entry of an order authorizing (1) entry into a settlement agreement with a creditor; (2) incurrence of post-petition trade credit; and (3) granting of a priming lien under 11 U.S.C.S. § 364(d) to secure postpetition trade credit (the settlement motion). In addition, the debtors moved for entry of a final order authorizing the use of cash collateral

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Commercial opinion summary, case decided on December 07, 2012 , LexisNexis #0113-043

United States v. Moyer

Ruling
Bankruptcy court finding that creditor held first lien on debtor's property remained valid and binding despite dismissal of case.
Procedural posture

Before the court was the issue of which lienor, the California State Board of Equalization or a title insurance company, had priority to the proceeds from the lien sale of debtor's property.

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Consumer opinion summary, case decided on September 30, 2011 , LexisNexis #1011-137

In re 220 Ferry St. LLC

Ruling
Debtor allowed to borrow money on senior and priming lien basis.
Procedural posture

Pending was the court's decision on two separate but related motions: one by debtor seeking authorization to borrow money on a senior and priming lien basis under 11 U.S.C. § 364(d)(1) (B and rowing Motion) the other by a secured claimant seeking adequate protection in connection with that borrowing (Adequate Protection Motion).

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Commercial opinion summary, case decided on September 26, 2007 , LexisNexis #1007-108

In re Stoney Creek Techs. LLC

Ruling
Authority for secured postpetition financing denied due to lack of adequate protection for creditors or realistic prospects for successful reorganization.
Procedural posture

All of a bankruptcy debtor's assets were subject to an unchallenged lien of a creditor, and the debtor proposed to obtain a loan to finance its continued operations and provide the new lender with a priority lien. The debtor moved for authority pursuant to 11 U.S.C. § 364(d) to obtain secured postpetition financing, and the creditor objected to the motion.

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opinion summary, case decided on March 19, 2007 , LexisNexis #0507-040