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Millenkamp Cattle, Inc
24-40158
Bankr. D. Idaho
Jul 24, 2024
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Background

  • 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

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Case Details

Case Name: Millenkamp Cattle, Inc
Court Name: United States Bankruptcy Court, D. Idaho
Date Published: Jul 24, 2024
Docket Number: 24-40158
Court Abbreviation: Bankr. D. Idaho