QUESTION
How do I proceed to receive full payment as my shipment arrived post-bankruptcy filing?
Asked on Jan 06th, 2016 on Bankruptcy - New Jersey
More details to this question:
My customer filed a Chapter 11 on 10/5/15 at 12:01 a.m. We had a delivery enroute that we tried to stop but courier delivered on 10/5/15 at 9:41 a.m. We asked both verbally and via a reclamation letter for the goods to be returned but were refused. Our invoices are 'pre-populated' with the words " shipped FOB XX, NJ" The customer routing guide states that title passes on receipt. I am claiming 100% payment on this shipment but the attorney handling the bankruptcy is advising that I have normal 503(b)(9) rights. Thank you for your anticipated response.
2 ANSWERS
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
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First of all, you would benefit from retaining a skilled bankruptcy lawyer. You would likely have had strong reclamation rights if you had demanded reclamation during the first 10 days after your customer filed its petition. But if you did make your demand in that period then your lawyer might still be able to move the Court for reclamation. Failing that you probably would have an administrative claim to be paid in full. Again... a good lawyer is what you need.
Answered on Feb 01st, 2016 at 3:49 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
It means that you have to make a Motion for an Administrative Claim or be Deemed an Administrative Creditor. You may, or may not, get 100% but you need to do this to get your priority status.
Answered on Jan 29th, 2016 at 4:32 AM