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In re Eastman Kodak Co.

No. 12-10202 (2012)

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In re Eastman Kodak Co.

United States Bankruptcy Court for the Southern District of New York
No. 12-10202 (2012)

Facts

The Eastman Kodak Company (Kodak) (debtor) sought court permission to enter into debtor-in-possession (DIP) financing. The proposed agreement called for a roll-up. That is, Kodak was required to use a portion of the proceeds of the DIP financing to fully pay back certain of Kodak’s unsecured, prebankruptcy-petition debts, which would cause such debts to be satisfied and released. Kodak also was required to make satisfactory payment arrangements with certain prepetition creditors. Moreover, prepetition obligations that Kodak assumed postpetition were to be deemed to be issued pursuant to and secured by the DIP financing.

Rule of Law

Issue

Holding and Reasoning (Gropper, J.)

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