Reclamation

Reclamation Claims and Lien Priority

08/26/16

On August 24, 2016, Judge Mary F. Walrath of the Delaware Bankruptcy Court overruling an objection to claim for reclamation.   The decision was issued in the Reichold Holdings US, Inc. Bankruptcy (Case No. 14-12237) in the Delaware Bankruptcy Court.  A copy of the Opinion is available here.

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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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Post-BAPCPA, Dairy Mart Retains its Frosty Goodness

04/29/07

Reclamation claims aren't something that practioners in smaller bankruptcy cases used to see every day. In the past, in order for reclamation to rear its head you needed a credit sale of goods to the debtor which was large enough to motivate the seller to seek immediate legal advice following a bankruptcy filing, within the short time period allowed to perfect the claim.

[more]

Post-BAPCPA, Dairy Mart Retains its Frosty Goodness

04/29/07

Reclamation claims aren't something that practioners in smaller bankruptcy cases used to see every day. In the past, in order for reclamation to rear its head you needed a credit sale of goods to the debtor which was large enough to motivate the seller to seek immediate legal advice following a bankruptcy filing, within the short time period allowed to perfect the claim.

[more]