11 U.S.C. § 364 : US Code - Section 364: Obtaining credit

Search 11 U.S.C. § 364 : US Code - Section 364: Obtaining credit

(a) If the trustee is authorized to operate the business of the
debtor under section 721, 1108, 1203, 1204, or 1304 of this title,
unless the court orders otherwise, the trustee may obtain unsecured
credit and incur unsecured debt in the ordinary course of business
allowable under section 503(b)(1) of this title as an
administrative expense.
(b) The court, after notice and a hearing, may authorize the
trustee to obtain unsecured credit or to incur unsecured debt other
than under subsection (a) of this section, allowable under section
503(b)(1) of this title as an administrative expense.
(c) If the trustee is unable to obtain unsecured credit allowable
under section 503(b)(1) of this title as an administrative expense,
the court, after notice and a hearing, may authorize the obtaining
of credit or the incurring of debt -
(1) with priority over any or all administrative expenses of
the kind specified in section 503(b) or 507(b) of this title;
(2) secured by a lien on property of the estate that is not
otherwise subject to a lien; or
(3) secured by a junior lien on property of the estate that is
subject to a lien.
(d)(1) The court, after notice and a hearing, may authorize the
obtaining of credit or the incurring of debt secured by a senior or
equal lien on property of the estate that is subject to a lien only
if -
(A) the trustee is unable to obtain such credit otherwise; and
(B) there is adequate protection of the interest of the holder
of the lien on the property of the estate on which such senior or
equal lien is proposed to be granted.
(2) In any hearing under this subsection, the trustee has the
burden of proof on the issue of adequate protection.
(e) The reversal or modification on appeal of an authorization
under this section to obtain credit or incur debt, or of a grant
under this section of a priority or a lien, does not affect the
validity of any debt so incurred, or any priority or lien so
granted, to an entity that extended such credit in good faith,
whether or not such entity knew of the pendency of the appeal,
unless such authorization and the incurring of such debt, or the
granting of such priority or lien, were stayed pending appeal.
(f) Except with respect to an entity that is an underwriter as
defined in section 1145(b) of this title, section 5 of the
Securities Act of 1933, the Trust Indenture Act of 1939, and any
State or local law requiring registration for offer or sale of a
security or registration or licensing of an issuer of, underwriter
of, or broker or dealer in, a security does not apply to the offer
or sale under this section of a security that is not an equity
security.