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Contested cash collateral motion
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The purpose of proposed subdivision (d) was to recognize that testimony should be taken in the same manner in both contested matters and pos deals com coupons adversary proceedings.Changes Made After Publication and Comments: The Advisory Committee made two changes to subdivision (d) after considering the comments received addressing the proposed rule.When the rules of Part VII are applicable to a how does freebie app work contested matter, reference in the Part VII rules to adversary proceedings is to be read as a reference to a contested matter.In addition, amendments to Rules 3020, 4001, 6004, and 6006 automatically stay certain types of orders for a period of ten days, unless the court orders otherwise.In the extreme (but not unusual) case, the debtor and the secured creditor show up in court on an emergency motion, filed moments after the case was filed, seeking an instant authorization for a post-petition line of credit.Except as otherwise provided in this rule, and unless the court directs otherwise, the following rules shall apply: 7009, 7017, 7021, 7025, 7026, 70287037, 7041, 7042, 7052, 70547056, 7064, 7069, and 7071.A party with an interest in property being used by the debtor may request that the court prohibit or condition this use to the extent necessary to provide "adequate protection" to the creditor.Subdivision (d) is added to clarify that if the motion cannot be decided without resolving a disputed material issue of fact, an evidentiary hearing must be held at which testimony of witnesses is taken in the same manner as testimony is taken in an adversary.The request arrives accompanied by an annex about the size of the Topeka (Kan.) phonebook, outlining the terms and conditions to which the DIP and the creditor agreed.At the interim hearing, the court may authorize DIP financing and/or cash collateral use only to the extent necessary to avoid irreparable damage pending the final hearing.Thus, a single motion often combines a request to use cash collateral with a request to incur DIP financing.When "cash collateral" is used (spent the secured creditors are entitled to receive additional protection under section 363 of the Bankruptcy Code.Well, even if it does have the cash, the chances are that all of it was pledged, pre-petition, to secured creditor(s).Federal Rules of Evidence also apply in a contested matter.