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Debtor-in-Possession Financing

OVERVIEW

When restructuring under the BIA or CCAA or in receiverships, a debtor will often require interim financing. As a result of the last round of bankruptcy reforms, there are now statutory provisions under the BIA and CCAA allowing for DIP financing and DIP charges to be obtained by the debtor during the course of any such proceedings. In this regard, we have acted for the following:

  • DIP lenders in BIA Proposal, receivership and CCAA proceedings
  • debtors obtaining DIP financing in receiverships and BIA proposal proceedings
  • proposal trustees in support of the DIP financing and charge in proposal proceedings
  • secured creditors obtaining a "carve-out" from the DIP charge in BIA Proposal and CCAA proceedings
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