Last updated: 4/18/2011
Cover Sheet For Motion To Use Cash
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Description
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN _________ DIVISION In re: Case No. ____________ ___________________, Chapter 11 Hon. ________________ Debtor. __________________________________/ COVER SHEET FOR MOTION TO USE CASH COLLATERAL OR TO OBTAIN CREDIT The debtor has filed a motion to use cash collateral or to obtain postpetition financing, which is attached to this Cover Sheet. In accordance with LBR 4001-2(b) (E.D.M.), the debtor has identified below, by page and paragraph number, the location in the proposed order accompanying the motion of each of the following provisions: Provision Contained in Proposed Order Location in Proposed Order (1) Provisions that grant liens on the estate's claims and _____ Yes causes of action arising under Chapter 5 of the Code. _____ No Page ____, ¶ ____ American LegalNet, Inc. www.FormsWorkFlow.com (2) Provisions that grant cross-collateralization protection _____ Yes to the prepetition secured creditor (i.e., clauses that secure prepetition debt with categories of collateral that were not _____ No covered by the secured party's lien prepetition) other than liens granted solely as adequate protection against diminution in value of a prepetition creditor's collateral. Page ____, ¶ ____ (3) Provisions that establish a procedure or conditions for _____ Yes relief from the automatic stay. _____ No (4) Provisions regarding the validity or perfection of a _____ Yes secured creditor's prepetition liens or that release claims against a secured creditor. _____ No Page ____, ¶ ____ Page ____, ¶ ____ (5) Provisions that prime any lien without that _____ Yes lienholder's consent. _____ No (6) Provisions that relate to a sale of substantially all of _____ Yes the debtor's assets. _____ No (7) Provisions for the payment of professional fees of the _____ Yes debtor or any committees, including any carve-outs for such payments. (8) Provisions for the payment of prepetition debt. Page ____, ¶ ____ Page ____, ¶ ____ Page ____, ¶ ____ _____ No _____ Yes Page ____, ¶ ____ _____ No (9) Provisions that waive the debtor's exclusive right to _____ Yes file or solicit acceptances of a plan during the time periods specified in 11 U.S.C. § 1121. _____ No Page ____, ¶ ____ American LegalNet, Inc. www.FormsWorkFlow.com (10) Provisions that require the debtor's plan to be on _____ Yes terms acceptable to the secured creditor. _____ No (11) Provisions that require or prohibit specific terms in _____ Yes the debtor's plan. _____ No (12) Provisions establishing that proposing a plan _____ Yes inconsistent with the order constitutes a default. _____ No (13) Provisions that waive surcharge under 11 U.S.C. _____ Yes § 506(c). _____ No (14) Provisions that address the rights and obligations of _____ Yes guarantors or co-obligors. _____ No (15) Provisions that prohibit the debtor from seeking _____ Yes approval to use cash collateral without the secured creditor's consent. (16) Provisions that purport to bind a subsequent trustee. Page ____, ¶ ____ Page ____, ¶ ____ Page ____, ¶ ____ Page ____, ¶ ____ Page ____, ¶ ____ Page ____, ¶ ____ _____ No _____ Yes Page ____, ¶ ____ _____ No (17) Provisions that obligate the debtor to pay any of a _____ Yes secured creditor's professional fees. _____ No Page ____, ¶ ____ Date: ______________ _________________________________ [Debtor's counsel] American LegalNet, Inc. www.FormsWorkFlow.com