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§ 364(e)

Akd Invs., In re--Akd Investments L.L.C. v. Magazine Invs. I L.L.C.

Aug
18
2023
Ruling
Court affirmed its invocation of the law-of-the-case doctrine to grant the creditor summaryjudgment as to the debtor's claim for recoupment of alleged overpayment made to creditor.(5th Cir.)
Issue(s)
Obtaining Credit; Appeal of Approval Order Moot Absent a Stay.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 18, 2023 , LexisNexis #1023-028
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Toys "R" Us, In re--TRU Creditor Litig. Trust v. Brandon

Jun
27
2022
Ruling
Order authorizing debtor-in-possession financing is final when appeal period has run ratherthan at confirmation. (Bankr. E.D. Va.)
Issue(s)
Obtaining Credit; Appeal of Approval Order Moot Absent a Stay.

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Commercial opinion summary, case decided on June 27, 2022 , LexisNexis #0822-031
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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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Commercial opinion summary, case decided on September 30, 2011 , LexisNexis #1011-110
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In re Gen. Growth Props.

May
14
2009
Ruling
Chapter 11 debtor's motions for financing and use of cash collateral granted as necessary to continued operations.
Procedural posture

Debtors filed voluntary petitions under chapter 11. The debtors filed a motion for entry of an order authorizing the debtors to, among other things, (1) obtain postpetition secured financing pursuant to 11 U.S.C.S. §§ 105(a), 362, and 364; (2) use cash collateral and grant adequate protection pursuant to 11 U.S.C.S. §§ 361 and 363; and (3) repay in full amounts owned under a certain prepetition secured loan agreement.

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Commercial opinion summary, case decided on May 14, 2009 , LexisNexis #0709-045
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