debtor-in-possession (DIP)

简明释义

债务人持有资产

英英释义

例句

1.As a debtor-in-possession (DIP), the firm can seek financing to support its operations during the bankruptcy proceedings.

作为债务人持有者 (DIP)，该公司可以寻求融资以支持其在破产程序中的运营。

2.The court approved the motion for financing submitted by the debtor-in-possession (DIP) to ensure liquidity.

法院批准了由债务人持有者 (DIP)提交的融资动议，以确保流动性。

3.In a bankruptcy case, the company was designated as a debtor-in-possession (DIP), allowing it to maintain control of its assets during the restructuring process.

在破产案件中，该公司被指定为债务人持有者 (DIP)，允许其在重组过程中继续控制资产。

4.Investors are often cautious when dealing with a debtor-in-possession (DIP) due to the inherent risks involved.

由于涉及的固有风险，投资者在与债务人持有者 (DIP)打交道时通常会保持谨慎。

5.The debtor-in-possession (DIP) status grants the company the ability to operate its business while formulating a plan to repay creditors.

债务人持有者 (DIP)状态赋予公司在制定偿还债权人的计划时继续运营业务的能力。

作文

In the world of finance and bankruptcy law, the term debtor-in-possession (DIP) refers to a situation where a company that has filed for bankruptcy is allowed to continue operating its business while it reorganizes its debts. This concept is particularly important in Chapter 11 bankruptcy cases in the United States, where the goal is to allow the struggling company to maintain its operations and generate revenue during the reorganization process. The debtor-in-possession (DIP) status grants the company the ability to use its assets and manage its affairs without immediate interference from creditors, which can be crucial for its survival.When a company files for bankruptcy, it typically loses control over its assets as the court appoints a trustee to oversee the liquidation or reorganization process. However, under the debtor-in-possession (DIP) framework, the existing management remains in control, providing them with the opportunity to implement operational changes, negotiate with creditors, and develop a viable plan to emerge from bankruptcy. This arrangement not only benefits the company but also serves the interests of creditors who may ultimately recover more if the company can successfully restructure and return to profitability.One of the key advantages of being a debtor-in-possession (DIP) is access to financing. Traditional lenders may be hesitant to provide loans to a bankrupt company, but there are specific provisions in bankruptcy law that allow DIP financing. This type of financing is often prioritized over existing debt, meaning that lenders are more likely to provide funds to a company in debtor-in-possession (DIP) status, knowing they have a better chance of being repaid. This can be essential for maintaining operations, paying employees, and fulfilling obligations to suppliers while the company works through its financial difficulties.Moreover, the debtor-in-possession (DIP) status comes with certain responsibilities. The company must operate in good faith and adhere to the requirements set forth by the bankruptcy court. This includes providing regular reports on its financial status, obtaining court approval for significant business decisions, and ensuring that the interests of creditors are taken into account. Failure to meet these obligations can result in the court appointing a trustee to take over the management of the company, which could jeopardize the reorganization efforts.In conclusion, the concept of debtor-in-possession (DIP) plays a vital role in the bankruptcy process, allowing companies to maintain control during their reorganization efforts. By enabling existing management to continue operating the business and access financing, the debtor-in-possession (DIP) framework aims to maximize the chances of a successful turnaround. Understanding this term is crucial for anyone involved in corporate finance, legal practice, or business management, as it highlights the delicate balance between protecting the interests of creditors and giving struggling companies a chance to recover. As such, the debtor-in-possession (DIP) mechanism is an essential tool in the landscape of modern bankruptcy law.

在金融和破产法的世界中，短语debtor-in-possession (DIP)指的是一种情况，即已经申请破产的公司被允许在重组债务的同时继续运营其业务。这个概念在美国的第11章破产案件中尤为重要，其目标是让陷入困境的公司在重组过程中维持运营并产生收入。debtor-in-possession (DIP)状态赋予公司使用其资产和管理其事务的能力，而不受债权人的直接干预，这对其生存至关重要。当一家公司申请破产时，通常会失去对其资产的控制，因为法院会任命一名受托人来监督清算或重组过程。然而，在debtor-in-possession (DIP)框架下，现有管理层仍然保持控制，给他们提供了实施运营变革、与债权人谈判以及制定可行计划以摆脱破产的机会。这种安排不仅使公司受益，还符合债权人的利益，因为如果公司能够成功重组并恢复盈利，他们最终可能会获得更多的回报。作为debtor-in-possession (DIP)的一个主要优势是获得融资。传统贷方可能对向破产公司提供贷款持谨慎态度，但破产法中有特定条款允许DIP融资。这种类型的融资通常优先于现有债务，这意味着贷方更有可能向处于debtor-in-possession (DIP)状态的公司提供资金，因为他们知道自己更有可能得到偿还。这对于维持运营、支付员工和履行对供应商的义务至关重要，同时公司也在解决其财务困难。此外，debtor-in-possession (DIP)状态伴随着某些责任。公司必须诚信运营，并遵守破产法院规定的要求。这包括定期提供其财务状况的报告，获得法院对重大商业决策的批准，以及确保考虑到债权人的利益。如果未能满足这些义务，法院可能会任命受托人接管公司的管理，这可能会危及重组努力。总之，debtor-in-possession (DIP)的概念在破产过程中发挥着至关重要的作用，使公司在重组努力期间保持控制。通过使现有管理层能够继续运营业务并获得融资，debtor-in-possession (DIP)框架旨在最大限度地提高成功扭转局面的机会。理解这个术语对任何涉及企业融资、法律实践或商业管理的人来说都是至关重要的，因为它突显了保护债权人利益与给予陷入困境的公司恢复机会之间的微妙平衡。因此，debtor-in-possession (DIP)机制是现代破产法领域的重要工具。