Welcome! Save 30% on all CLE, CPE, and Professional Skills webinars, plus 15% off any annual pass with code CYBER2025
About the Course
Introduction
This CLE webinar will guide new bankruptcy lawyers through the must know issues related to debtor-in-possession (DIP) financing and the use of cash collateral in Chapter 11 cases.
Description
In any case where the debtor has secured debt, the debtor needs approval from the secured lender(s) or court authority to use the lender's cash collateral, i.e., cash that secures the lender's loan. In many cases the debtor also needs to borrow new money, a DIP loan, either from a new lender or through additional advances from an existing lender.
The use of cash collateral and the obtaining of DIP loans go hand in hand. Cash collateral orders and DIP loans have many embedded legal issues that affect all creditors and the debtor throughout the case. In recent years, lenders have also used cash collateral and DIP loans to take control of the case by setting deadlines for various events, such as marketing and selling the debtor's business or confirming a plan of reorganization.
Listen as this premier panel clarifies these complex and ubiquitous issues around cash collateral and DIP lending, helps less-experienced lawyers recognize them, and suggests ways to respond.
Presented By
Mr. Selbst is the co-chair of Herrick's Restructuring & Finance Litigation Department. He has more than 30 years of experience representing debtors, creditors, official committees, distressed investors and asset purchasers in bankruptcies and out-of-court restructurings. Mr. Selbst advises clients from a wide range of industries, including financial services, telecommunications, government agencies and real estate. A skilled commercial litigator, he also has significant experience in district and state courts, where he regularly represents clients in separate litigation arising out of bankruptcy. Mr. Selbst also advises clients on structured finance and derivative transactions. He is a frequent lecturer on bankruptcy and restructuring topics and has published articles and book chapters on bankruptcy-related topics. Mr. Selbst has been frequently quoted in newspaper articles on insolvency related topics and has appeared on CNBC.
Mr. Smith focuses his practice on complex corporate restructuring and creditors' rights, including in court Chapter 11 cases and out-of-court workouts. He has extensive experience representing distressed debt investors, bondholders, official and ad-hoc creditor committees, administrative and collateral agents, indenture trustees, stalking horse and other asset purchasers, trade and tort claimants, and other significant parties-in-interest in a variety of jurisdictions across the United States. Additionally, Mr. Smith has experience with the structuring, negotiating and documenting of complex real estate finance transactions, including mortgage, construction, leverage and mezzanine lending. He is also experienced in the analysis of true sale, non-consolidation, and bankruptcy remoteness principles in opinion and related contexts and has lectured on the topic on numerous occasions.
-
This 60-minute webinar is eligible in most states for 1.0 CLE credits.
-
Live Online
On Demand
Date + Time
- event
Tuesday, June 10, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Introduction: statutory requirements
- Cash collateral
- What is cash collateral?
- What is adequate protection?
- Court approval, hearing, notice
- Creditor considerations for consenting to use of cash collateral
- Impact of intercreditor agreements
- Budget issues
- Methods of providing adequate protection
- Critical provisions in cash collateral orders
- DIP financing
- Rollover of pre-petition secured debt
- Cross-collateralization
- Priming liens
- Liens or super-priority claims on avoidance actions
- Releases and waivers of challenges to liens and other future borrowings
- Section 506(c) waivers
- Junior DIP financing
- "Carve-out" for professional fees
The panel will review these and other key issues:
- What is adequate protection?
- What terms in DIP or cash collateral orders may have the most long-term effect on creditor recovery?
- How does Bankruptcy Code Section 552 operate?
- What are red flags in the debtor's 13-week budget?
- Can debtors push back against overreach by secured lenders?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
Related Courses
Veteran Bankruptcies: Unique Debtor and Creditor Issues Under the HAVEN Act and SCRA
Tuesday, January 6, 2026
1:00 p.m. ET./10:00 a.m. PT
Special Committees and Chapter 11 Investigations: What Courts Expect, Best Practices, Avoiding Pitfalls
Thursday, December 11, 2025
1:00 PM E.T.
Chapter 11 and Independent Directors: Maximizing Recovery; Challenging Conflicts; Defending Director Integrity
Thursday, January 22, 2026
1:00 p.m. ET./10:00 a.m. PT
Representing Landlords In Commercial Tenant Bankruptcies: Practical Guidance on Key Issues
Thursday, December 4, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Transforming CLE from a Requirement to a Career Advantage
- Learning & Development
- Career Advancement
- Talent Development
Beyond Law School: Tackling the Realities of Modern Legal Practice
- Learning & Development
- Business & Professional Skills
- Career Advancement