Skip to main content

§ 364(d)(1)

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.

ABI Membership is required to access the full summary of Packard Square LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

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.

ABI Membership is required to access the full summary of United States v. Moyer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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).

ABI Membership is required to access the full summary of In re 220 Ferry St. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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