DEBTOR-IN-POSSESSION (DIP) FINANCING SOLUTIONS

GET THE FUNDING YOU NEED FOR A SUCCESSFUL RESTRUCTURING THROUGH DIP FINANCING

DIP financing is a powerful tool that can help your business get back on track during a formal restructuring process.

Let’s Talk

See how we can help your business

    By opting-in and submitting this form you consent to receive marketing email and text messages (e.g. promotions, product information, industry insights, etc.) from eCapital. See our Privacy Policy for further information.
  • This field is for validation purposes and should be left unchanged.

Let’s Talk

See how we can help your business

    By opting-in and submitting this form you consent to receive marketing email and text messages (e.g. promotions, product information, industry insights, etc.) from eCapital. See our Privacy Policy for further information.
  • This field is for validation purposes and should be left unchanged.
DIP FINANCING SOLUTIONS

CHANGE YOUR COMPANY’S FUTURE

Debtor-in-possession (DIP) financing is a term for providing liquidity during the bankruptcy process.

DIP financing ensures that the company has the necessary funds to maintain operations, pay employees, and fulfill other essential obligations during the restructuring process. This liquidity helps the business avoid further financial distress and stave-off immediate liquidation.

eCapital works directly with bankruptcy attorneys to streamline the DIP financing process to get clients the funds they need, so they can turn their business around quickly and come back stronger.

SOLVE YOUR CASH FLOW PROBLEMS QUICKLY

Companies in bankruptcy are usually experiencing inherent cash flow challenges and conventional lenders are usually unwilling to assist them with traditional loans. DIP financing can bridge the gap during the restructuring process and provide funding for:

  • Operations & Overhead Costs
  • Payroll
  • Fund Retention of Restructuring Professionals
  • Provide Interim Payments to Critical Pre-petition Creditors

SECURE ADDITIONAL TIME FOR RESTRUCTURING

The primary goal of DIP financing is to provide the necessary funds, resources, and time for the company to restructure and potentially emerge from bankruptcy as a healthier business.

In addition, with DIP financing in place, your company has access to capital to work better with its creditors, thus leaving more time to address and correct organizational, financial, and operational issues.

REVITALIZE YOUR BUSINESS AND GET BACK STRONGER

DIP financing allows a company to retain control of its operations following a Chapter 11 bankruptcy filing while supplying the necessary funding, time, and resources to restructure and embark on a new beginning.

DIP financing also signals to creditors and stakeholders that the company is taking proactive steps to address its financial issues and work towards a successful reorganization. This increased confidence may lead to more favorable future negotiations with creditors and other stakeholders.

WHAT DOES THE TYPICAL DIP FINANCING PROCESS LOOK LIKE?

While each DIP Financing scenario is slightly different, the process typically involves the following steps:

INDUSTRIES WE SERVE

WE OFFER DIP FINANCING SOLUTIONS FOR ALL TYPES OF BUSINESSES

We work with a wide array of industries. Our clients are all business-to-business entities, meaning they invoice other companies (not consumers) for products and services provided.

TRANSPORTATION & LOGISTICS

MANUFACTURING

STAFFING

FOOD & BEVERAGE

SERVICE

CONSUMER PACKAGED GOODS

HEALTH AND BEAUTY

CONSULTING

OILFIELD SERVICES

WHOLESALE & DISTRIBUTION

APPAREL

TELCOM/WIRELESS

WHO WE WORK WITH

OUR STRENGTH LIES IN TEAMING UP WITH YOUR PARTNERS & ADVISORS

In today’s ever-evolving business environment, unique challenges demand innovative and customized financial strategies. Our expertise in collaboration brings diverse perspectives and expertise to the table, fostering a richer understanding of the situation and facilitating the design of more effective and tailored solutions.

Bankruptcy Lawyers

Partnering eCapital with a bankruptcy lawyer can provide invaluable support and expertise during challenging times. This collaboration combines the financial knowledge and solutions offered by our team with the legal guidance and protection provided by the bankruptcy lawyer. Together, we can ensure that your business navigates the complexities of bankruptcy proceedings with confidence and ease. eCapital offers tailored financial solutions to address cash flow challenges, working capital needs, and debt restructuring options.

Meanwhile, the bankruptcy lawyer provides legal counsel, guides you through the bankruptcy process, and protects your rights and interests. This partnership helps you make informed decisions, explore viable options, and achieve the best possible outcome during the bankruptcy proceedings. By having a bankruptcy lawyer as a partner, eCapital can effectively navigate the legal aspects of bankruptcy, mitigate risks, and position your business for a fresh start and future success.

Bankruptcy/Licensed Insolvency Trustees

This collaboration combines the financial expertise of eCapital with the specialized knowledge and guidance provided by the LIT. Together, we help you navigate insolvency proceedings, debt restructuring, and financial rehabilitation. eCapital offers customized financial solutions to address cash flow challenges, working capital needs, and debt restructuring options. Simultaneously, the LIT provides expert advice, administers the insolvency process, ensures compliance with legal requirements, and protects the interests of all stakeholders. This partnership ensures that your business receives comprehensive financial support and strategic guidance throughout the insolvency process, maximizing the chances of a successful resolution.

By having a licensed insolvency trustee as a partner, eCapital can navigate complex financial situations with confidence, while adhering to legal obligations and working towards a fresh financial start.

Chartered Professional Accountants (CPAs)

This collaboration combines the financial expertise of eCapital with the specialized knowledge and insights provided by the CPA. Together, we can optimize your financial management and decision-making processes. eCapital brings valuable funding solutions, assisting with cash flow management, working capital needs, and innovative financing options tailored to your business. On the other hand, the CPA offers comprehensive financial analysis, reporting, and strategic guidance. They ensure accurate financial records, provide insights on tax planning, identify cost-saving opportunities, and offer advice on financial compliance. By partnering with a CPA, we can leverage our expertise to make informed financial decisions, maintain financial transparency, and achieve optimal financial health.

The synergy between eCapital and your CPA enhances your financial management capabilities, empowering your business to thrive and reach its full potential.

Forensic Accounting Firms

Partnering eCapital with a forensic accounting firm can provide significant advantages when it comes to investigating financial matters and ensuring transparency. This collaboration combines the financial expertise of the eCapital with the specialized knowledge and investigative skills provided by the forensic accounting firm. Together, they can uncover financial irregularities, detect fraud, and provide accurate financial reporting. eCapital offers tailored financial solutions to address cash flow challenges, working capital needs, and funding requirements. Simultaneously, the forensic accounting firm conducts detailed financial investigations, audits, and analyses to ensure accuracy and integrity in financial records. This partnership helps you maintain financial transparency, identify areas for improvement, and mitigate financial risks.

By having a forensic accounting firm as a partner, eCapital can confidently navigate complex financial situations while maintaining the highest standards of financial integrity. This collaboration enhances your business’s credibility, safeguards against financial misconduct, and promotes long-term financial success.

Receivership Lawyers

Partnering eCapital with your receivership lawyer can provide invaluable support and legal expertise in situations where receivership is necessary. This collaboration combines the financial solutions and expertise of eCapital with the legal guidance and protection provided by the receivership lawyer. Together, they ensure that the receivership process is conducted smoothly, in compliance with legal requirements, and with the best interests of all stakeholders in mind. eCapital offers financial solutions to address cash flow challenges, working capital needs, and funding requirements during receivership. Simultaneously, the receivership lawyer provides legal counsel, guides you through the receivership process, protects your rights, and ensures compliance with applicable laws and regulations. This partnership helps you navigate the complexities of receivership while minimizing risks and maximizing the recovery of assets.

By having a receivership lawyer as a partner, eCapital can effectively handle receivership proceedings, protect your interests, and work towards a successful resolution that maximizes value for all involved parties.

Attorneys

Partnering eCapital with your attorney can bring tremendous benefits and peace of mind to your business.

This collaboration combines the financial expertise of eCapital with the legal knowledge and guidance the attorney provides. Together, they ensure that your financial transactions and agreements are legally sound, compliant and protect your business’s interests.

eCapital offers valuable financial solutions, such as flexible funding options, working capital support, and innovative financing structures. Simultaneously, the attorney provides legal counsel, assists in contract negotiation, reviews legal documents, and ensures regulatory compliance. This partnership helps you navigate complex legal matters related to financing, risk management, and business transactions.

By having an attorney as a partner, eCapital can confidently make informed decisions while minimizing legal risks and maximizing legal protection. This collaboration ensures that your business operates within the bounds of the law, mitigates legal challenges, and maintains a solid legal foundation for sustainable growth and success.

WHY CHOOSE US AS YOUR DIP FINANCING PARTNER?

eCapital is an award-winning, industry-leader in the DIP financing space. Here are a few reasons why businesses choose eCapital as their DIP financing partner:

Better Value

We offer the highest asset valuations at competitive Annual Percentage Rates (APR).

Maximum Valuations

We provide industry-leading valuations on assets with up to 85% Net Orderly Liquidation Value (NOLV).

Fast & Easy Application

Applications are received, reviewed, and qualified within days and we pride ourselves on quick, easy & honest service.

Industry Expertise

Due to our extensive years of experience in 80+ industries, we’re able to quickly provide your business with a tailor-made solution.

Unparalleled Management

You can count on our team to be a valued consultant for the life of your financing and beyond. Your success is our success.

Fewer Restrictions

Due to our experience, we offer fewer restrictions than the banks, minimal reporting requirements, and limited loan covenants.

DON’T JUST TAKE OUR WORD FOR IT

For over 25 years eCapital a freight factoring company has helped more than 30,000 businesses grow. We want to do the same for you. Take a look at the latest reviews from our customers on TrustPilot!

LEARN MORE ABOUT DIP FINANCING

Survive and Thrive: How to Rescue Your Business from Insolvency and Grow

Despite last year's surprising GDP growth, business bankruptcies surged ove...
Read More

Reviving Success: How an Asset-Based Loan Rescued a Struggling Portfolio Company

In the world of private equity, investments often come with the promise of ...
Read More

Overcoming Financial Distress With Alternative Financing

It’s been nearly four years since the onset of the COVID-19 pandemic. As ...
Read More

FREQUENTLY ASKED QUESTIONS

What can a prospective client do to speed up the DIP financing process?

Speeding up the Debtor-In-Possession (DIP) financing process involves proactive planning and preparation. Here are a few steps a prospective client can take:

  1. Organize Financial Information: Assemble all relevant financial documents and data, including balance sheets, income statements, cash flow statements, tax returns, and forecasts. This information will be needed to assess the financial health of the business and the viability of the restructuring plan. The quicker this information is provided, the faster the process can proceed.
  2. Develop a Comprehensive Business Plan: A solid, well-articulated business plan that outlines the company’s strategy for emerging from bankruptcy is crucial. This should include realistic financial projections and a clear path to profitability. The more robust and realistic this plan is, the more confidence lenders will have, which can expedite the financing process.
  3. Engage Experienced Professionals: Working with experienced attorneys, accountants, and financial advisors who understand the ins and outs of DIP financing and bankruptcy law can streamline the process. These professionals can help prepare necessary documents, negotiate terms with lenders, and navigate any potential legal obstacles.
  4. Negotiate with Creditors Early: Early and open communication with creditors can pave the way for a smoother DIP financing process. This can involve discussing the company’s financial situation, its plans for restructuring, and how the DIP financing fits into those plans.
  5. Identify Potential Lenders Quickly: Identifying potential DIP financing lenders as soon as possible can speed up the process. This might include current lenders or other financial institutions experienced in DIP financing.
  6. Cooperate Fully with the Court: Finally, full cooperation with the bankruptcy court and the U.S. Trustee is crucial for speeding up the DIP financing process. This includes promptly complying with all requests for information and meeting all court deadlines.

Remember, every situation is unique, and what works best will depend on the specifics of the business and its financial situation. Working closely with experienced professionals is crucial to navigate this complex process effectively.

Is DIP financing a loan or an advance?

Debtor-In-Possession (DIP) financing can be thought of as a special kind of loan. It’s given to companies that are in the process of restructuring under Chapter 11 bankruptcy protection. The term “advance” is often used in a financing context to refer to a type of short-term loan. However, DIP financing is not typically referred to as an “advance” because it’s a specific kind of financing arrangement that comes with its own set of rules and protections.

In a DIP financing arrangement, the lender is given a “super-priority” claim on the company’s assets. This means that the lender will be repaid before other creditors in the event of liquidation. This makes DIP financing less risky for the lender, and thus more accessible for companies undergoing restructuring, even amid bankruptcy proceedings.

It’s important to note that while DIP financing can provide a company with the liquidity it needs to continue operating while it restructures, it must be approved by the bankruptcy court, and it comes with strict oversight and conditions.

When is the best time to apply for DIP financing?

The best time to apply for Debtor-In-Possession (DIP) financing is generally as soon as a company has decided to file for Chapter 11 bankruptcy, or shortly thereafter. In fact, many companies will line up DIP financing before they even file for bankruptcy. This approach is beneficial because it provides the company with immediate access to capital to maintain operations while it goes through the restructuring process.

Securing DIP financing early can send a positive signal to creditors, suppliers, customers, and employees that the company has a plan for its financial restructuring and will be able to continue its operations, pay employees, and honor obligations to suppliers and customers. This can help maintain confidence in the company and stabilize its operations during the restructuring process.

However, it’s important to note that DIP financing requires court approval, and the terms of the financing will be closely scrutinized to ensure they are in the best interests of the company and its creditors. Therefore, it’s advisable to seek the advice of financial and legal professionals when considering DIP financing.

How is DIP financing typically structured?

Debtor-In-Possession (DIP) financing, which is used by companies going through Chapter 11 bankruptcy, is typically structured as a secured loan. This is because the company seeking the financing is in bankruptcy and therefore poses a significant risk to lenders.

Here’s a more detailed look at the structure of DIP financing:

  1. Secured Loan: DIP financing is usually a secured loan, meaning it is backed by the company’s assets as collateral. If the company fails to repay the loan, the lender can seize these assets.
  2. Priority over Existing Debt: DIP financing is given a “super priority” lien status in the bankruptcy process, meaning that it takes precedence over existing debt, equity, and other claims. This makes DIP financing more attractive to lenders, as they are first in line to be repaid if the company’s assets are liquidated.
  3. Interest Rates and Fees: Given the high risk involved, DIP loans often carry higher-than-average interest rates and fees.
  4. Milestones: The terms of DIP financing may include certain milestones or conditions that the borrower must meet, such as selling certain assets, reaching specific financial targets, or completing the bankruptcy process by a certain date.
  5. Usage of Funds: The use of the DIP financing funds is typically restricted and must be approved by the court. The funds are primarily used to maintain operations during the bankruptcy process, such as paying suppliers, employees, and other operating expenses.
  6. Approval: DIP financing requires approval from the bankruptcy court, and any terms must be deemed fair and equitable.

The specifics of each DIP financing agreement will vary based on the individual circumstances of the company and the lender.

How do companies use DIP financing?

Companies use Debtor-In-Possession (DIP) financing during Chapter 11 bankruptcy proceedings to fund their operations, maintain business continuity, and implement restructuring plans. Here’s a more detailed breakdown of how companies typically use DIP financing:

  1. Maintain Operations: The primary purpose of DIP financing is to enable a company to continue its day-to-day operations during the bankruptcy process. This can include meeting payroll, purchasing inventory, and paying suppliers and utilities. By maintaining operations, the company can preserve its customer base and revenue streams.
  2. Fund Restructuring: DIP financing can also be used to fund the company’s restructuring activities. This might include costs associated with downsizing, closing or selling unprofitable divisions, renegotiating contracts, or investing in more profitable areas of the business.
  3. Pay Bankruptcy Costs: Bankruptcy proceedings can be expensive, with costs including legal fees, consulting fees, and court costs. DIP financing can be used to cover these expenses.
  4. Reassure Suppliers and Customers: By securing DIP financing, a company can reassure its suppliers, customers, and employees that it has the financial resources to continue operations and fulfill its commitments. This can be vital for maintaining relationships and preserving the company’s value.

In essence, DIP financing provides a financial lifeline for companies during the challenging period of bankruptcy, allowing them to navigate the restructuring process and hopefully emerge in a stronger financial position. However, it’s important to note that the use of DIP financing is closely monitored by the court and the creditors’ committee, and must be used in a way that maximizes the value of the debtor’s estate.

Can small businesses obtain DIP financing?

Yes, small businesses can obtain Debtor-In-Possession (DIP) financing. However, it may be a more challenging process compared to larger corporations, primarily due to the perceived risk and potentially smaller asset base.

Small businesses typically have fewer assets to offer as collateral, which can make it more challenging to secure DIP financing. Additionally, lenders may perceive small businesses as riskier, particularly if they are in financial distress, as they may lack the diversification and resources of larger companies to weather financial downturns.

However, if a small business can demonstrate a viable restructuring plan and show potential for successful turnaround, lenders may still consider providing DIP financing. This is particularly true if the business has valuable assets that can be used as collateral, or if the loan is backed by a government guarantee.

The Small Business Reorganization Act of 2019 in the US also simplified the process for small businesses to file for Chapter 11 bankruptcy and potentially made it easier for them to secure DIP financing.

Ultimately, while obtaining DIP financing may be more challenging for small businesses, it is not impossible. The key is to demonstrate to potential lenders that the business has a viable plan for restructuring and future profitability.

What is DIP financing?

Debtor-In-Possession (DIP) financing is a type of funding provided to companies that are undergoing Chapter 11 bankruptcy reorganization. It allows the company to access capital to continue operating and implement its restructuring plans while under the protection of the bankruptcy court. DIP financing is typically structured as a secured loan with priority over existing debt and is intended to help the company navigate through the bankruptcy process and emerge in a stronger financial position.

How can factoring help a company facing a Chapter 11 bankruptcy?

Factoring can provide some benefits to a company facing Chapter 11 bankruptcy, although it may not directly aid in the restructuring process. Here’s how factoring can help:

  1. Immediate Cash Flow: Factoring allows a company to quickly convert its accounts receivable into cash. This can provide immediate funds that can be used to cover operational expenses, pay suppliers, or invest in the restructuring process.
  2. Improved Liquidity: By factoring receivables, a company can improve its short-term liquidity. This can help bridge any gaps in cash flow during the bankruptcy process, ensuring that essential expenses are met.
  3. Reduced Credit Risk: When a company factors its receivables, the responsibility for collecting payment from customers shifts to the factoring company. This can reduce the credit risk associated with non-payment or delayed payment from customers.
  4. Focused Collections Efforts: Factoring allows the company to offload the task of collecting payments from customers to the factoring company. This frees up time and resources for the company to focus on other aspects of the bankruptcy process and restructuring efforts.

It’s important to note that factoring is not a solution for all financial challenges faced during Chapter 11 bankruptcy. It may be more suitable for short-term cash flow needs rather than long-term restructuring efforts. Companies considering factoring should carefully evaluate the costs, terms, and potential impact on customer relationships before proceeding. Consulting with financial advisors and legal professionals experienced in bankruptcy proceedings is advisable.

Let's Talk

Get started today.