goods

Reclamation Rights to Recover Goods from a Debtor under Section 546(c) of the Bankruptcy Code

09/04/14

What remedies do you have to recover goods shipped to a company in the weeks leading up to its bankruptcy?  As to those goods shipped 45 days prior to a debtor’s filing, Section 546(c) of the Bankruptcy Code provides a reclamation right to creditors to recover such goods.  This may provide you with the ability to recover your goods directly from the debtor.

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What Constitutes “Goods” Under Bankruptcy Section 503(b)(9)?

06/30/14

As discussed in the prior post, creditors may receive administrative-expense priority for “the value of goods received by the debtor within 20 days before” the debtor’s bankruptcy filing “in which the goods have been sold to the debtor in the ordinary course of business.”  11 U.S.C. § 503(b)(9).

The question then becomes what constitutes a “good” under Section 503(b)(9)?

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Bankruptcy Code Section 503(b)(9): Goods Shipped Within 20 Days

06/23/14

It is your worst nightmare.  You ship goods to a company, only to find out that shortly after shipment, it files for bankruptcy.  Now, instead of receiving payment for those goods, you are simply one of many creditors of the debtor’s estate.  What remedies do you have under the Bankruptcy Code to recover the amount of the shipped goods?

If the goods were shipped within 20 days of the debtor’s filing, then your claim may qualify for “administrative” status under Section 503(b)(9) of the Bankruptcy Code. The Section provides as follows:

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Will Bankruptcy Issues Affect Georgia Governor's Race?

09/19/10

Nathan Deal under scrutiny for financial woesIf you have been reading your local newspapers, you may be aware that Nath

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