# Exhibit II-6. Local Rule on Motion to Use Cash Collateral or Obtain Credit (United States Bankruptcy Court for the Eastern District of Michigan)

**Rule 4001-2 Motion for Use of Cash Collateral or to Obtain Financing**

**(a) Contents of the Motion.** In addition to the requirements of
F.R.Bankr.P. 4001(b)(1)(B) and F.R.Bankr.P. 4001(c)(1)(B), a motion for
use of cash collateral under § 363(c)(2) or to obtain credit under §
364(c) or (d) shall explicitly state the moving party's position as to
the value of each of the secured interests to be protected. Pertinent
appraisals and projections shall be summarized in the motion.

**(b) Cover Sheet.** The motion shall be filed with a completed form
"Cover Sheet for Motion to Use Cash Collateral or to Obtain Financing,"
available on the court's website.

**(c) Motion to Approve Agreement.** A motion for the entry of an order
approving an agreement for the use of cash collateral or to obtain
credit on an expedited basis may be granted without a hearing if the
motion complies with F.R.Bankr.P. 4001(d)(1)(B) and if:

> **(1)** The proposed order is approved by all creditors who may have
> an interest in the cash collateral to be used or the credit to be
> extended, by the chairperson or attorney for each official committee
> and by the United States trustee;
>
> **(2)** The proposed order provides for the debtor to use cash
> collateral or to obtain credit in a maximum specified dollar amount
> necessary to avoid immediate and irreparable harm only until the
> earlier of the date of the final hearing or the date that the order
> would become a final order;
>
> **(3)** The proposed order provides for a final hearing, the date and
> time for which shall be filled in by the court when the proposed order
> is entered;
>
> **(4)** The proposed order provides that the debtor shall, within 24
> hours of its entry, serve a copy of the motion with its attachments
> and the entered order on all parties who are required to be served
> under F.R.Bankr.P. 4001(d);
>
> **(5)** The proposed order provides that:
>
> **(A)** The deadline to file an objection to the proposed order is 15
> days from the entry of the order, except that an official committee
> may file objections within 15 days after it is served with the entered
> order;
>
> **(B)** If an objection is timely filed, the final hearing will be
> held; and
>
> **(C)** If no objection is timely filed, the interim or preliminary
> order may become a final order; and
>
> **(6)** The motion is accompanied by an affidavit or declaration of
> the debtor or a principal of the debtor stating the facts upon which
> the debtor relies in seeking the entry of the proposed order on an
> expedited basis and the amount of money needed to avoid immediate and
> irreparable harm.

**(d) Interim Order on Expedited Basis.** If a debtor files a motion for
authority to use cash collateral or to obtain post-petition financing
but the debtor's prepetition secured creditors have not consented to the
relief sought in the motion, the court may enter an interim order
granting the relief requested on an expedited basis if:

> **(1)** The debtor has served a copy of the motion, a proposed order
> and a notice of the hearing on the motion on the non-consenting
> secured creditors in the manner set forth in Local Rule 9013-1;
>
> **(2)** The court has held a hearing on the motion at which the
> non-consenting secured creditors were given an opportunity to be
> heard;
>
> **(3)** The proposed order complies with each of the requirements of
> subparagraphs (c)(2)--(c)(6) of this rule; and
>
> **(4)** The court makes a specific finding of fact that the protection
> offered to the non-consenting secured creditors is adequate and such
> adequate protection is incorporated into the proposed order.

**(e) Effect of Interim Order.** If the court enters an interim order
under paragraph (d) over the objection of a secured creditor or if a
secured creditor does not appear at the hearing or object to the motion,
such secured creditor retains the right to object to the interim order
as provided in subparagraph (c)(5)(A) of this rule.

**(f) Reducing or Enlarging for Objections.** On timely motion, the
court may enlarge or reduce the time within which an objection must be
filed, except that the court may not reduce the time within which a
non-consenting secured creditor must file an objection under
subparagraph (c)(5)(A) of this rule. In its discretion, the court may
schedule a hearing on the debtor's motion at any time, with such notice
as it deems appropriate, provided such notice and hearing are consistent
with paragraph (d) of this rule.

> [Comment]{.underline}
>
> This local rule is revised to conform to the amendments to
> F.R.Bankr.P. 4001(b), (c) and (d) effective December 1, 2007, but is
> otherwise unchanged in substance. It is internally renumbered.

**APPENDIX 1**

UNITED STATES BANKRUPTCY COURT\
EASTERN DISTRICT OF MICHIGAN\
DIVISION

IN RE: CASE NO.: \_\_\_\_\_\_\_\_\_\_\_\_

CHAPTER 11

DEBTOR : HON: \_\_\_\_\_\_\_\_\_\_\_\_

COVER SHEET FOR MOTION TO USE CASH\
[COLLATERAL OR TO OBTAIN CREDIT]{.underline}

The debtor has filed a motion to use cash collateral or to obtain
postpetition financing, which is attached to this Cover Sheet. In
accordance with LBR 4001-2(b) (E.D.M.), the debtor has identified below,
by page and paragraph number, the location in the proposed order
accompanying the motion of each of the following provisions:

+-------------------------------------------+------------+-------------+
| Provision                                 | Contained  | Location in |
|                                           | in         | Proposed\   |
|                                           | Proposed   | Order       |
|                                           | Order      |             |
+===========================================+============+=============+
| \(1\) Provisions that grant liens on the  | Yes        | Page \_\_,  |
| estate's claims and causes of action      |            | ¶ \_\_      |
| arising under Chapter 5 of the Code.      | No         |             |
+-------------------------------------------+------------+-------------+
| \(2\) Provisions that grant               | Yes        | Page \_\_,  |
| cross-collateralization protection to the |            | ¶ \_\_      |
| prepetition secured creditor (i.e.,       | No         |             |
| clauses that secure prepetition debt with |            |             |
| categories of collateral that were not    |            |             |
| covered by the secured party's lien       |            |             |
| prepetition) other than liens granted     |            |             |
| solely as adequate protection against     |            |             |
| diminution in value of a prepetition      |            |             |
| creditor's collateral.                    |            |             |
+-------------------------------------------+------------+-------------+
| \(3\) Provisions that establish a         | Yes        | Page \_\_,  |
| procedure or conditions for relief from   |            | ¶ \_\_      |
| the automatic stay.                       | No         |             |
+-------------------------------------------+------------+-------------+
| \(4\) Provisions regarding the validity   | Yes        | Page \_\_,  |
| or perfection of a secured creditor's     |            | ¶ \_\_      |
| prepetition liens or that release claims  | No         |             |
| against a secured creditor.               |            |             |
+-------------------------------------------+------------+-------------+
| \(5\) Provisions that prime any lien      | Yes        | Page \_\_,  |
| without that lien holder's consent.       |            | ¶ \_\_      |
|                                           | No         |             |
+-------------------------------------------+------------+-------------+
| \(6\) Provisions that relate to a sale of | Yes        | Page \_\_,  |
| substantially all of the debtor's assets. |            | ¶ \_\_      |
|                                           | No         |             |
+-------------------------------------------+------------+-------------+
| \(7\) Provisions for the payment of       | Yes        | Page \_\_,  |
| professional fees of the debtor or any    |            | ¶ \_\_      |
| committees, including any carve-outs for  | No         |             |
| such payments.                            |            |             |
+-------------------------------------------+------------+-------------+
| \(8\) Provisions for the payment of       | Yes        | Page \_\_,  |
| prepetition debt.                         |            | ¶ \_\_      |
|                                           | No         |             |
+-------------------------------------------+------------+-------------+
| \(9\) Provisions that waive the debtor's  | Yes        | Page \_\_,  |
| exclusive right to file or solicit        |            | ¶ \_\_      |
| acceptances of a plan during the time     | No         |             |
| periods specified in 11 U.S.C. § 1121.    |            |             |
+-------------------------------------------+------------+-------------+
| \(10\) Provisions that require the        | Yes        | Page \_\_,  |
| debtor's plan to be on terms acceptable   |            | ¶ \_\_      |
| to the secured creditor.                  | No         |             |
+-------------------------------------------+------------+-------------+
| \(11\) Provisions that require or         | Yes        | Page \_\_,  |
| prohibit specific terms in the debtor's   |            | ¶ \_\_      |
| plan.                                     | No         |             |
+-------------------------------------------+------------+-------------+
| \(12\) Provisions establishing that       | Yes        | Page \_\_,  |
| proposing a plan inconsistent with the    |            | ¶ \_\_      |
| order constitutes a default.              | No         |             |
+-------------------------------------------+------------+-------------+
| \(13\) Provisions that waive surcharge    | Yes        | Page \_\_,  |
| under\                                    |            | ¶ \_\_      |
| 11 U.S.C. § 506(c).                       | No         |             |
+-------------------------------------------+------------+-------------+
| \(14\) Provisions that address the rights | Yes        | Page \_\_,  |
| and obligations of guarantors or          |            | ¶ \_\_      |
| co-obligors.                              | No         |             |
+-------------------------------------------+------------+-------------+
| \(15\) Provisions that prohibit the       | Yes        | Page \_\_,  |
| debtor from seeking approval to use cash  |            | ¶ \_\_      |
| collateral without the secured creditor's | No         |             |
| consent.                                  |            |             |
+-------------------------------------------+------------+-------------+
| \(16\) Provisions that purport to bind a  | Yes        | Page \_\_,  |
| subsequent trustee.                       |            | ¶ \_\_      |
|                                           | No         |             |
+-------------------------------------------+------------+-------------+
| \(17\) Provisions that obligate the       | Yes        | Page \_\_,  |
| debtor to pay any of a secured creditor's |            | ¶ \_\_      |
| professional fees.                        | No         |             |
+-------------------------------------------+------------+-------------+

Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[Debtor's counsel\]