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§ 364

Toys "R" Us, In re--TRU Creditor Litig. Trust v. Brandon

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

Golden Fleece Bevs., Inc., In re

Ruling
Debtor was entitled to incur post-petition debt on an interim basis pending entry of a finalorder as the relief requested in debtor's motion was in the best interests of the debtor's estate.(Bankr. N.D. Ill.)
Issue(s)
Obtaining Credit.

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Commercial opinion summary, case decided on November 24, 2021 , LexisNexis #0222-057

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

Shachoy, In re

Ruling
Court denied debtor's request to obtain post-petition financing from her husband as it was notin the best interest of the estate. (Bankr. D. Mass.)
Issue(s)
Obtaining Credit.

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Consumer opinion summary, case decided on December 30, 2019 , LexisNexis #0220-034

Dunn, In re

Ruling
Court granted debtors' motion to incur secured debt as debtors showed that they were unable to obtain unsecured credit or secured credit on terms that were more favorable. (Bankr. N.D. Iowa)
Issue(s)
Obtaining Credit; Authorization When Trustee is Unable to Obtain Credit.

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Consumer opinion summary, case decided on May 17, 2018 , LexisNexis #0818-038

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

GC London KY Inc., In re--McKinstry v. B&H Contrs., LLC

Ruling
Court denied defendant's motion upon finding that the post-petition financing was notapproved as required by law and it was likewise not considered as having occiurred in theordinary course of the debtor's business as requried by law. (Bankr. E.D. Ky.)
Issue(s)
Obtaining Credit; Trustee Operating Debtor’s Business Authorized.

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Commercial opinion summary, case decided on October 11, 2017 , LexisNexis #1117-070

Tanner, In re

Ruling
Court denied the motion of the trustee which tried to evade the requirements of thebankruptcy code and rules (Bankr. C.D. Ill.)
Issue(s)
Obtaining Credit; Authorization After Notice and Hearing.

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Consumer opinion summary, case decided on June 16, 2017 , LexisNexis #0717-066

In re Packaging Sys., LLC

Ruling
Preconversion super-priority claim took precedence over postconversion administrativeexpense claims. (Bankr. D.N.J.)
Issue(s)
Should creditor’s pre-conversion super-priority claim subordinate all post-conversion chapter 7 administrative expenses?

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Commercial opinion summary, case decided on September 30, 2016 , LexisNexis #1016-110

In re Estrada

Ruling
Debtor could receive postpetition credit necessary to cultivate crops.
Issue(s)
Could chapter 11 debtor be granted authority to obtain secured credit in order to maintain farming operation?

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Consumer opinion summary, case decided on February 24, 2016 , LexisNexis #0316-077