Ninth Circuit BAP Denies Retroactive Approval of Postpetition Financing

Section 364(a) of the Bankruptcy Code allows a debtor to incur unsecured debt, like trade debt, in the ordinary course of business.  Section 364(b) of the Code provides, however, that when a debtor plans to incur unsecured debt, like a loan, outside the ordinary course, the debt must be pre-approved by the bankruptcy court after […]

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by H. Joseph Acosta, Esq.

Buffets, Inc. Emerges From Bankruptcy

Buffets, Inc., a steak-buffet restaurant company, announced that it has completed its restructuring and that it has emerged from chapter 11 reorganization, six months after its pre-negotiated filing on January 18, 2012.  Buffets currently operates 357 restaurants in 35 states. As part of the reorganization, the Company eliminated all of its outstanding pre-petition term debt, totaling […]

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by H. Joseph Acosta, Esq.