United States Seventh Circuit

Under 11 USC 364(d), a secured lender who provides additional financing for post-petition debt may recover as super-priority interest the loss of the post-petition financing if their secured interest is worth less after the additional financing than before.

Appellate Information

• Argued 12/04/2001
• Decided 12/21/2001
• Published 12/21/2001

Judges

• EASTERBROOK, Circuit Judge., Before BAUER, POSNER, and EASTERBROOK, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Michael Yetnikoff (argued), David F. Heroy, Bell, Boyd & Lloyd, Chicago, IL, for Appellant., William I. Kohn, Barnes & Thornburg, Chicago, IL, for Debtors.


• For Appellees:
  
• Andrew P. Brozman (argued), Jennifer C. DeMarco, Chadbourne & Parke, New York, NY, for Appellee.