--- name: cash-collateral-motion title: Cash Collateral Motion description: Drafts motions to use cash collateral under 11 U.S.C. § 363. Use when a debtor-in-possession needs court authorization to use cash collateral, typically as a first-day pleading. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/cash-collateral-motion license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: bankruptcy language: en tags: [drafting, litigation, motion] --- # Cash Collateral Motion Drafts a motion for authority to use cash collateral under § 363(c)(2) — a critical first-day pleading in bankruptcy. Covers adequate protection, budget constraints, carve-outs, and interim/final hearing procedures. ## Required Inputs 1. **Case info** — debtor name, case number, chapter, court, judge 2. **Prepetition debt** — secured creditor(s), loan docs, amounts, collateral descriptions 3. **Cash collateral sources** — accounts receivable, bank accounts, inventory proceeds, rents 4. **Budget** — 13-week cash flow projection with line-item detail 5. **Adequate protection proposal** — what debtor offers the secured creditor 6. **Lien records** — UCC filings, mortgages, security agreements, intercreditor agreements 7. **Urgency basis** — why interim relief is needed before final hearing ## Workflow ### 1. Introduction and Relief Requested - Identify debtor, case, chapter - State debtor seeks authority under § 363(c)(2) for interim and final relief - Preview adequate protection package ### 2. Background - Business operations and necessity of cash collateral - Prepetition secured debt (nature, amount, lien position, priority) - Events leading to filing ### 3. Jurisdiction Cite: 28 U.S.C. §§ 157, 1334 · 11 U.S.C. §§ 363(c)(2), 363(e) · Bankruptcy Rule 4001(b) · applicable local rules. ### 4. Cash Collateral Description - All cash and cash equivalents traced to secured creditor's collateral - Bank/deposit accounts, inventory/receivable proceeds, rents and profits (if applicable) ### 5. Necessity - Debtor cannot operate without cash collateral - Immediate obligations: payroll, vendors, operations - Consequences of denial: shutdown, job losses, asset deterioration - No alternative financing on better terms ### 6. Proposed Budget - 13-week cash flow projection (attach as exhibit) - Categories: payroll, rent, utilities, insurance, critical vendors, professional fees - Variance reporting (typically ±10–15%) and budget modification procedures ### 7. Adequate Protection Package (§ 363(e)) Select from and tailor to facts: - **Replacement liens** — same priority on post-petition assets of same kind - **Superpriority claims** — § 507(b) administrative expense - **Cash payments** — periodic interest or principal - **Equity cushion** — if collateral value exceeds debt - **Reporting** — financials, budget variance, books-and-records access - **Insurance** — maintained on collateral - **Additional** — milestones, operating covenants, termination events ### 8. Interim and Final Orders **Interim** (first-day hearing): - Limited period (2–3 weeks), budget compliance, immediate adequate protection, schedule final hearing **Final**: - Extended authorization, full adequate protection, termination events/remedies - Carve-out for professional fees (debtor's counsel, committee counsel, UST fees) - Reservation of rights for all parties ### 9. Carve-Out Provisions - Professional fee carve-out (amount and structure) - UST quarterly fees, clerk fees, committee professionals - Triggers that reduce or eliminate carve-out ## Checks - File as emergency/first-day motion requesting interim relief - Comply with Rule 4001(b)(1)(B) — highlight all specified provisions in the motion - Address intercreditor agreement issues and multiple-creditor priority - Budget must be realistic — inflated projections destroy credibility - Adequate protection must be substantive, not perfunctory - Include a supporting declaration from a debtor representative - Proposed order must be filed as a separate document --- It looks like I don't have write permissions to the file. Could you grant write access so I can save it, or would you like to copy the content above directly?