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GENERAL52580
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Last modified
8/24/2016 8:38:24 PM
Creation date
11/23/2007 7:51:47 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Date
4/25/1991
Doc Name
MEMORANDUM IN SUPPORT OF VERIFIED MOTION OF CF&I STEEL CORP FOR ORDER AUTHORIZ
Media Type
D
Archive
No
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business or not, before a court may consider the incurring of <br />secured debt under section 364(c). In re American Resources <br />Management Coro., 51 Bankr. 713, 721 (Bankr. D. Utah 1985); re <br />Ames Deot. Stores, 115 Bankr. at 39; ;n re Skv Valley. Inc., 100 <br />Bankr. 107, 113 (Bankr. N.D. Ga. 1988). Both before and after <br />the filing of its chapter it petition, the Debtor made efforts <br />but was unable to obtain unsecured debt with respect to the <br />collateral to be posted to secure the letter of credit in favor <br />of the OSMRE. The Debtor has, accordingly, met its burden of <br />showing that it has made reasonable efforts to obtain unsecured <br />debt. In re Ames Debt. Stores, 115 Bankr. at 37 (S.D.N.Y. 1990) <br />(the debtor must make an effort to find alternative credit <br />sources, but it is not required to seek credit from every <br />possible lender). The current financial condition of the Debtor <br />including its large pension liability makes lenders unwilling <br />even to consider lending on an unsecured basis. Thus, it is <br />clear that the Debtor must borrow funds on a secured basis. <br />There is no explicit requirement in section 364 (c) that <br />a debtor needs to shop for the best loan terms for a loan on a <br />secured or superpriority basis, but some cases require a debtor <br />to do so. See, e.a., In re Ames Dept. Stores, 115 Bankr. at 37- <br />38 (a debtor's discretion in deciding what terms to agree to is <br />not "unbridled," but the court should permit the debtor in <br />possession "to exercise [its] basic business judgment consistent <br />with [its] fiduciary duties"). As noted in the Motion, the <br />Debtor has sought financing from other lenders. The Debtor, <br />3 <br />
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