Millenkamp Cattle, Inc
24-40158
Bankr. D. IdahoJul 24, 2024Background
- Millenkamp Cattle, Inc. and several affiliated entities are debtors-in-possession in jointly administered Chapter 11 bankruptcy cases in the District of Idaho.
- The Debtors moved for continued authority to use cash collateral (i.e., funds subject to security interests of pre-petition lenders) through September 30, 2024.
- Pre-petition secured lenders involved include Rabo AgriFinance, MetLife entities, and Conterra Holdings; Sandton Capital serves as the DIP lender.
- The motion seeks interim relief to pay necessary business expenses per a court-approved budget during this period, subject to detailed reporting and oversight provisions.
- The order contains extensive conditions for continued use, lender protections, and information-sharing/reporting duties, with explicit rights for secured lenders to withdraw consent upon certain payment defaults.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Continued use of cash collateral | Debtors seek court approval to continue using cash collateral for operations per a strict budget | Secured lenders require adequate protection (e.g., liens, reporting) and express limits on use | Granted with detailed conditions about use, reporting, and protections |
| Adequacy of protection for lenders | Assert that protection liens and reporting arrangements provide sufficient security | Lenders demand continued and clear adequate protection, including reporting, default remedies, and priority | Court requires detailed liens, reporting, and default provisions as adequate protection |
| Reporting and oversight | Debtors propose regular variance and base certificates, and information access | Lenders and committee demand specific, frequent disclosures for oversight | Ordered: Weekly variance reports, borrowing base certificates, sales data, etc., to all key parties |
| Consequences of payment defaults | Debtors recognize need for accountability but seek flexibility | Lenders want a right to withdraw consent for continued cash use if material post-petition defaults | Court grants withdrawal-for-default right for non-payment of significant post-petition payables |
Key Cases Cited
No key cases cited with official reporter citations in this order.
