What is debtor-in-possession (DIP) financing?
Debtor-in-Possession (DIP) financing is a type of financing used by a company or individual when they declare bankruptcy. This type of financing is used to keep the company or person in possession of their assets. It is also used to cover costs associated with running the business while the bankruptcy is ongoing. When a person or company declares bankruptcy in South Dakota, they sign an agreement with a secured lender, called the Debtor-in-Possession Financing Agreement (DIP Agreement). This agreement states that the secured lender will provide financing to the debtor in exchange for certain assets and promises from the debtor. These assets can include cash, accounts receivable, inventory, and other assets. The DIP Agreement also states that the secured lender will not attempt to collect on any of the assets until the bankruptcy process is completed. The DIP Agreement also allows the debtor to use the funds to pay for things like payroll, rent, and other administrative expenses. This allows the business to remain in operation while the bankruptcy process is ongoing. By providing a secured lender with certain assets, the debtor in possession can continue to manage their business affairs while the bankruptcy is pending. This type of financing is especially important for companies who are experiencing financial difficulty but still need to keep their business running. With DIP financing, companies can avoid having to liquidate all of their assets in order to pay off creditors.
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