What is Debtor-in-Possession Financing ?

980 reads · Last updated: December 5, 2024

Debtor-in-possession (DIP) financing is a special kind of financing meant for companies that are in bankruptcy. Only companies that have filed for bankruptcy protection under Chapter 11 are allowed to access DIP financing, which usually happens at the start of a filing.DIP financing is used to facilitate the reorganization of a debtor-in-possession (the status of a company that has filed for bankruptcy) by allowing it to raise capital to fund its operations as its bankruptcy case runs its course. DIP financing is unique from other financing methods in that it usually has priority over existing debt, equity, and other claims.

Definition

Debtor-in-Possession (DIP) financing is a special type of financing designed for companies undergoing bankruptcy. Only companies that have filed for bankruptcy protection under Chapter 11 can obtain DIP financing, which typically occurs early in the filing process. DIP financing is used to facilitate the restructuring of the debtor-in-possession (the status of a company that has filed for bankruptcy), allowing it to raise funds to finance its operations until its bankruptcy case is resolved. Unlike other financing methods, DIP financing usually takes precedence over existing debts, equity, and other claims.

Origin

DIP financing originated from Chapter 11 of the U.S. Bankruptcy Code, which was enacted in 1978 to help financially distressed companies reorganize rather than liquidate. The concept of DIP financing has evolved with the bankruptcy law, becoming a crucial tool for companies to maintain operations during bankruptcy.

Categories and Features

DIP financing is mainly divided into two categories: secured financing and unsecured financing. Secured financing typically involves using the company's assets as collateral, providing lenders with higher security. Unsecured financing does not require collateral but usually comes with higher interest rates. A notable feature of DIP financing is its priority over other debts, making it attractive to investors due to its higher repayment priority in bankruptcy liquidation.

Case Studies

A typical case is the 2009 bankruptcy restructuring of General Motors. After filing for Chapter 11 bankruptcy protection, GM received approximately $30 billion in DIP financing from the U.S. government. This funding helped GM maintain operations during restructuring and eventually emerge successfully from bankruptcy. Another case is Hertz in 2020, which filed for bankruptcy after the COVID-19 pandemic devastated the travel industry. Hertz secured $1.65 billion in DIP financing to support its operations during bankruptcy.

Common Issues

Common issues investors face when considering DIP financing include misunderstandings about its priority, often thinking it is similar to ordinary debt. In reality, DIP financing has a higher priority in bankruptcy liquidation. Additionally, investors may underestimate the risks associated with the successful restructuring of a bankrupt company, so they need to carefully evaluate the company's restructuring plan and market conditions before investing.

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