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This document is an interim order from the United States Bankruptcy Court for the Middle District of Florida, authorizing Fiddler's Creek, LLC to obtain post-petition financing and related relief

How to fill out interim order pursuant to

How to fill out INTERIM ORDER PURSUANT TO SECTIONS 361, 363, 364(C) AND (D) OF THE BANKRUPTCY CODE

1. Begin by gathering all necessary financial statements and documentation related to the bankruptcy case.
2. Review Sections 361, 363, 364(c), and (d) of the Bankruptcy Code to understand the legal requirements and implications.
3. Clearly state the purpose of the interim order, detailing the specific relief requested.
4. Outline the proposed uses of the funds or assets, ensuring they align with the conditions of the Bankruptcy Code.
5. Provide evidence of the necessity for the requested interim order, including any potential harm if it is not granted.
6. Include any supporting documents, such as affidavits or financial analyses, to substantiate the request.
7. File the completed interim order with the bankruptcy court along with the associated motion.
8. Serve copies of the filed documents to all interested parties to ensure transparency and legal compliance.
9. Attend the scheduled court hearing where the interim order will be reviewed by the judge.

Who needs INTERIM ORDER PURSUANT TO SECTIONS 361, 363, 364(C) AND (D) OF THE BANKRUPTCY CODE?

1. Entities or individuals undergoing bankruptcy proceedings who require temporary relief or authority to operate.
2. Debtors needing to access funds or assets during the bankruptcy process to maintain operations or meet obligations.
3. Creditors seeking assurance that their interests are being protected during the interim period of the bankruptcy case.

People Also Ask about

What happens after an interim order?

+ • If no relief is granted at the final stage or the litigant seeks to withdraw the petition after the grant of interim relief, the Court should pass orders neutralizing the effect of any interim order passed at the interlocutory stage. + • If the petition is withdrawn, the court should not continue the interim order.

What is the purpose of an interim order?

Interim orders are typically used to maintain the status quo pending the final decision of the case. For example, an interim order that asks parties to continue or stop doing an act until the final decision in the case is reached. Temporary injunctions are the most common types of interim orders.

What is an interim order in bankruptcy?

An interim order (IO) is a court order that prevents legal proceedings being commenced or continued against a debtor who wishes to put forward a proposal for an individual voluntary arrangement (IVA). This includes preventing a creditor from presenting a bankruptcy petition.

What is the 363 C of the Bankruptcy Code?

The debtor in possession may use, sell, or lease property of the estate in the ordinary course of its business, without prior approval, unless the court orders otherwise. 11 U.S.C. § 363(c). If the intended sale or use is outside the ordinary course of its business, the debtor must obtain permission from the court.

What is Section 361 of the Bankruptcy Code?

11 U.S. Code § 361 - Adequate protection. granting such other relief, other than entitling such entity to compensation allowable under section 503(b)(1) of this title as an administrative expense, as will result in the realization by such entity of the indubitable equivalent of such entity's interest in such property.

What is Section 364 of the Bankruptcy Code?

It governs all obtaining of credit and incurring of debt by the estate. Subsection (a) authorizes the obtaining of unsecured credit and the incurring of unsecured debt in the ordi- nary course of business if the business of the debtor is authorized to be operated under section 721, 1108, or 1304.

What's the difference between an interim and final order?

Interim means temporary (for a certain time). But interim orders usually don't have expiry dates (dates when they run out), so you can use them for long as you need to. Most people never get a final order and just get interim orders, which are easier to change when your situation changes.

What are examples of interim orders?

Common issues addressed by interim orders include: Spousal or child support: Ensuring that financial support is provided to the appropriate parties during the case. Property division: Addressing who has control or access to certain assets until a final decision is made.

For pdfFiller’s FAQs

What is INTERIM ORDER PURSUANT TO SECTIONS 361, 363, 364(C) AND (D) OF THE BANKRUPTCY CODE?

An Interim Order pursuant to Sections 361, 363, 364(c) and (d) of the Bankruptcy Code is a temporary court order that allows a debtor to obtain financing or use assets outside the ordinary course of business during the bankruptcy process, ensuring that the debtor can continue operations while seeking a more permanent solution.

Who is required to file INTERIM ORDER PURSUANT TO SECTIONS 361, 363, 364(C) AND (D) OF THE BANKRUPTCY CODE?

The debtor in possession, typically the entity that filed for bankruptcy, is required to file the Interim Order. This order is filed to seek court approval for specific transactions involving financing or asset use that deviate from the normal operations.

How to fill out INTERIM ORDER PURSUANT TO SECTIONS 361, 363, 364(C) AND (D) OF THE BANKRUPTCY CODE?

To fill out the Interim Order, the debtor must include details such as the proposed use of funds, the necessity of the financing or asset use for operations, terms of the financing, how it complies with the Bankruptcy Code, and the impact on creditors.

What is the purpose of INTERIM ORDER PURSUANT TO SECTIONS 361, 363, 364(C) AND (D) OF THE BANKRUPTCY CODE?

The purpose of the Interim Order is to provide immediate access to financing or allow the use of assets, which is vital for the debtor’s ongoing operations during the bankruptcy proceedings, thereby maximizing the value of the estate for creditors.

What information must be reported on INTERIM ORDER PURSUANT TO SECTIONS 361, 363, 364(C) AND (D) OF THE BANKRUPTCY CODE?

The information that must be reported includes the details of the financing arrangement, such as amounts, terms, interest rates, security interests, how the funds will be used, and the rationale for the financing request, ensuring that it is in the best interest of the creditors.