How does a debtor-in-possession loan work in a Chapter 11 bankruptcy?
A debtor-in-possession loan works in a Chapter 11 bankruptcy in Florida as a way for the debtor to reorganize their business. This loan is also known as DIP financing, and is granted by an outside lender to a debtor who is currently in bankruptcy. The purpose of the loan is to provide the debtor with funds to continue to operate their business without having to sell the business’ assets to pay off creditors. The loan is generally secured by the debtor’s assets and is not dependent on the debtor’s credit score or financial history. The loan is typically structured in two parts: a secured loan and an unsecured loan. The secured loan is backed by the debtor’s assets, which may include real estate, equipment, or other business assets. The unsecured loan is not secured by the debtor’s assets, but may be backed by the value of the future earnings of the debtor. During the repayment period of the loan, the debtor is typically required to meet certain performance-based milestones and to make regular payments on the loan. If the debtor fails to make the payments, the lender may take possession of the debtor’s assets to satisfy the loan. The amount of the DIP financing is ultimately determined by the court, the lender, and the debtor.
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