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B-4001-2. MOTIONS TO USE CASH COLLATERAL AND TO OBTAIN CREDIT

(a)   Contents of Motion to Use Cash Collateral

motion to use cash collateral shall comply with the requirements of both Fed.R.Bankr.P. 4001(b)(1)(B) and Fed.R.Bankr.P.4001(c)(1)(B) unless the Court orders otherwise.

 (b)   Other Provisions to Be Disclosed

In addition to the provisions listed in Fed.R.Bankr.P. 4001(b)(1)(B) and (c)(1)(B), a motion to use cash collateral or motion to obtain credit (collectively “Financing Motions”) shall also disclose the total dollar amount requested, an estimate of the value of the collateral which secures the creditor's asserted interest, and disclose as a “material provision” any provision that:

 (1)     Cross-Collateralization of Pre-Petition Debt

  Grants cross-collateralization protection other than replacement liens or other adequate protection by:

(A)     securing pre-petition debt by post-petition assets in which the secured creditor does not assert a valid, perfected security interest by virtue of  its pre-petition security agreement or applicable non-bankruptcy law;

(B)     deeming pre-petition secured debt to be post-petition debt; or

(C)     using post-petition loans from a pre-petition secured lender to pay all or part of that lender’s pre-petition claim;

 (2)     Professional Fee Provisions

Provides different treatment for the professionals retained by a creditors’ committee from professionals retained by the Debtor;

 (3)     Priming of Existing Liens

Primes a secured lien without the consent of the lien holder;

 (4)     Loan Documentation Costs

Calls for the payment of fees or costs by the Debtor other than reasonable attorney’s fees for loan documentation; and

 (5)     Plan Restrictions

 Limits, restricts, or otherwise affects the terms of a proposed plan of reorganization.

 (c)   Proposed Budget

All Financing Motions shall also have attached as an exhibit the Debtor’s proposed budget for the use of the funds.  The budget shall include, but not be limited to, a detailed 4-week cash flow projection for a motion for interim use of cash collateral and a detailed 13-week cash flow projection for a motion for final use of cash collateral, unless the Court orders otherwise.