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Dip Financing Motion

Draft DIP Financing Motions in Minutes, Not Hours

14 minutes with CaseMark

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Dip Financing Motion

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Workflow

Dip Financing Motion

Overview

CaseMark's DIP Financing Motion skill drafts comprehensive, court-ready motions seeking approval of post-petition financing under 11 U.S.C. §§ 361-364. The AI analyzes your term sheet, capital structure, and cash flow projections to produce a fully structured motion covering superpriority claims, priming liens, adequate protection packages, and all required statutory showings.

Drafting DIP financing motions is one of the most complex and time-sensitive tasks in bankruptcy practice. Attorneys must navigate overlapping statutory requirements under §§ 361-364, coordinate facility terms with adequate protection packages, and produce court-ready filings under extreme time pressure—often within days of a chapter 11 filing.

CaseMark transforms the DIP financing motion drafting process by analyzing your term sheet, capital structure, and budget to generate a fully structured motion with all eight required sections, statutory citations, and relief sought analysis. The AI ensures no required finding is overlooked while giving you full control to customize every provision before filing.

How it works

  1. 1. Upload your DIP term sheet, capital structure summary, and 13-week cash flow budget

  2. 2. AI analyzes facility terms, lien priorities, and adequate protection requirements under §§ 361-364

  3. 3. Review and customize the fully structured motion with statutory citations and relief sought matrix

  4. 4. Export the court-ready motion in your preferred format (DOCX, PDF)

What you get

  • Preliminary Statement and Relief Sought

  • Jurisdiction, Venue, and Statutory Authority

  • Background and Need for Financing

  • Terms of Proposed DIP Facility

  • Adequate Protection for Prepetition Secured Parties

  • Legal Standard and Argument

  • Notice and Hearing

  • Conclusion

What it handles

  • Structured motion with all eight required sections from preliminary statement through conclusion

  • Relief sought matrix mapping each form of relief to statutory authority and required showings

  • Adequate protection analysis with replacement liens, cash payments, and equity cushion provisions

  • Jurisdiction, venue, and statutory authority framework under §§ 361-364

  • 13-week budget integration with sources and uses analysis

  • Priming lien arguments with valuation support and intercreditor analysis

Required documents

  • DIP Term Sheet or Credit Agreement

    The proposed DIP financing term sheet or draft credit agreement containing facility size, pricing, maturity, covenants, milestones, and default provisions

    .pdf, .docx

  • Capital Structure and Lien Priority Summary

    Summary of existing secured debt, lien priorities, collateral descriptions, UCC search results, and cash collateral status

    .pdf, .docx, .xlsx

  • 13-Week Cash Flow Budget

    Projected cash flow forecast with sources and uses demonstrating the debtor's need for post-petition financing

    .pdf, .docx, .xlsx

Supporting documents

  • Prepetition Credit Documents

    Existing credit agreements, security agreements, and intercreditor agreements governing prepetition secured debt

    .pdf, .docx

  • Supporting Declarations

    Declarations from the debtor's CRO, financial advisor, or investment banker describing the financing process and alternatives considered

    .pdf, .docx

  • Proposed Form of Order

    Draft interim and/or final order for court approval of the DIP facility

    .pdf, .docx

Why teams use it

Reduce drafting time from days to minutes while maintaining the precision and statutory rigor bankruptcy courts demand

Ensure every required statutory element is addressed with a built-in relief sought matrix mapping each form of credit to its legal standard

Generate comprehensive adequate protection analysis tailored to your specific prepetition secured parties and collateral

Maintain consistency across complex multi-party financing structures with integrated budget and capital structure analysis

Questions

What types of DIP financing relief does this skill cover?

CaseMark drafts motions for all forms of relief under Section 364, including superpriority administrative expense claims under § 364(c)(1), liens on unencumbered property under § 364(c)(2), junior liens on encumbered property under § 364(c)(3), and priming liens under § 364(d). The generated motion maps each form of relief to its required statutory showing.

Does the motion include adequate protection provisions?

Yes. CaseMark generates a comprehensive adequate protection section addressing replacement liens, periodic cash payments, equity cushion analysis, and reporting obligations. The analysis is tailored to the specific prepetition secured parties and collateral identified in your uploaded documents.

Can I use this for emergency or interim DIP financing requests?

Absolutely. CaseMark supports both interim and final DIP financing motions. The skill accounts for emergency relief procedures, shortened notice periods, and the distinction between interim and final order provisions that bankruptcy courts typically require.

How does CaseMark handle the 'unable to obtain unsecured credit' requirement?

CaseMark structures the motion to establish the required statutory showing that the debtor cannot obtain unsecured credit allowable as an administrative expense under § 503(b)(1). It incorporates your financing process narrative, marketing efforts, and alternatives considered to build the evidentiary foundation courts require.

Will the output conform to local bankruptcy court rules?

CaseMark generates a comprehensive motion following standard federal bankruptcy practice. You should review the output against your specific court's local rules, judge-specific procedures, and formatting requirements. The skill prompts you to provide local rule details so they can be incorporated into the draft.

What documents should I have ready before using this skill?

At minimum, upload your DIP term sheet or credit agreement, a capital structure and lien priority summary, and a 13-week cash flow budget. For the strongest output, also include prepetition credit documents, UCC search results, and any declarations supporting the financing process.

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