Motion for Authority to Obtain Credit under 364

Last Updated: December 1, 2009

Filing Requirements:

  • Motion for Authority to Obtain Credit under Section 364
    (Note: To accurately report statistics to Congress, it is crucial that the correct event is selected).

  • Notice of Motion with 14 days objection period.  Notice is sent to interested parties.

    Note: In a Chapter 11 case, notice is also sent to the Creditors' Committee, or if no committee was appointed, to the list of 20 largest unsecured.

  • Proof of Service

  • Proposed Order  Instructions.

 See also instructions for Motion to Borrow.


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Adversary >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Authority to Obtain Credit Under Section 364] from the event list.

    Note: To accurately report statistics to Congress, it is crucial that the correct event is selected.

  5. Skip the Joint Filing screen.  

  6. Select the party filer. If the party is not listed, (e.g., Creditors' Committee), click on Add/Create New Party.

    Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

  7. Enter "y or n" if the notice and proof of service are included with the motion.

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  8. Enter the date served (Ex. 01/16/2007)

  9. Accept objection date.

  10. Browse to select the Motion (.pdf file).

    Note: Supporting documents and Proof of Service may be added as attachments to this document.

  11. Modify the text as appropriate.

  12. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  13. Submit proposed order. Instructions

 

 

 

U.S.C.:  364
FRBP:  4001(c)