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Dip Financing Motion

Draft DIP Financing Motions in Minutes, Not Hours

14 minutes with CaseMark

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Workflow

Dip Financing Motion

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Workflow

Dip Financing Motion

Overview

CaseMark's DIP Financing Motion skill automates the drafting of complex post-petition financing motions under 11 U.S.C. §§ 361-364. It transforms your term sheets, capital structure data, and cash flow budgets into a fully structured, court-ready motion complete with statutory analysis, adequate protection provisions, and a relief sought matrix.

Drafting DIP financing motions is one of the most complex and time-sensitive tasks in Chapter 11 practice. Attorneys must synthesize dense term sheets, map multiple forms of relief to specific statutory provisions, construct adequate protection packages, and produce court-ready filings—often under extreme time pressure for emergency hearings. A single omission can delay critical funding and jeopardize the debtor's operations.

CaseMark eliminates the manual burden by analyzing your uploaded facility terms, lien structures, and budgets to produce a comprehensive DIP financing motion in minutes. The AI ensures every section—from the relief sought matrix to the adequate protection analysis—is properly structured and aligned with the statutory requirements of Sections 361 through 364, letting attorneys focus on strategy rather than document assembly.

How it works

  1. 1. Upload your DIP term sheet, capital structure summary, and 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, relief sought matrix, and legal arguments

  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 type of credit to its statutory basis, required showing, and supporting evidence

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

  • Legal standard and argument section addressing Section 364(c) and (d) requirements

  • Jurisdiction, venue, and statutory authority framework tailored to your district

  • Integrated findings checklist ensuring all required judicial determinations are addressed

Required documents

  • DIP Term Sheet or Credit Agreement

    The proposed DIP financing term sheet or executed credit agreement outlining 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 filings, and cash collateral status

    .pdf, .docx, .xlsx

  • 13-Week Cash Flow Budget

    Detailed cash flow forecast showing sources and uses of funds demonstrating the debtor's need for post-petition financing

    .pdf, .docx, .xlsx

Supporting documents

  • Process Declaration

    Declaration describing the debtor's marketing efforts, alternatives considered, and why unsecured credit is unavailable

    .pdf, .docx

  • Valuation Report

    Appraisal or valuation analysis supporting equity cushion arguments for adequate protection

    .pdf, .docx

  • Proposed Order

    Draft interim or final order for the court's consideration alongside the motion

    .pdf, .docx

Why teams use it

Reduce drafting time from days to minutes while maintaining the precision required for contested bankruptcy proceedings

Ensure every required judicial finding and statutory element is addressed with a built-in compliance framework

Generate consistent, professionally structured motions across multiple cases and jurisdictions

Minimize the risk of omitting critical provisions like adequate protection packages or priming lien showings

Questions

What types of DIP financing relief does this skill address?

CaseMark drafts motions covering all forms of post-petition credit 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 relief type to its statutory requirements.

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 described 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. You can specify hearing dates, emergency relief requirements, and judge-specific procedural rules, and the motion will be structured accordingly with appropriate notice and hearing provisions.

How does CaseMark handle the legal standard and required findings?

CaseMark builds the legal argument section around the required judicial findings, including that unsecured credit is unavailable under § 503(b)(1), that the DIP terms are fair and reasonable, and—for priming liens—that existing lienholders are adequately protected. Each finding is supported by references to your uploaded evidence.

Will the output conform to my jurisdiction's local rules?

CaseMark generates a motion following the standard federal bankruptcy motion structure. You can provide judge-specific procedures and local rule requirements as part of your inputs, and the AI will incorporate those procedural elements into the notice, hearing, and service sections.

What documents should I have ready before using this skill?

At minimum, you should upload your DIP term sheet or credit agreement, a capital structure and lien priority summary, and a 13-week cash flow budget. Optionally, you can include process declarations, valuation reports, and proposed orders to produce a more complete filing package.

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