WELCOME [ Log In · Register ]        SITE [ Search · Page Index · Recent Changes ]    RSS

Ten Tips When a Customer Closes its Doors

  • Immediately review your file.  Update it if necessary.  Notify the salesperson – don’t just assume they know, along with your manager.
  • Stop shipments in transit with approval from your attorney.
  • If your file contains any form of guaranty, notify the guarantor and demand payment in full of the entire balance – perhaps with the assistance of your attorney.
  • Work with your attorney to determine whether any recent shipments made to the debtor can be reclaimed either under the UCC reclamation rules, or reclamation under the U.S. Bankruptcy Code. 
  • If you can file a reclamation demand, do so as quickly as possible.
  • Immediately ask for the involvement of the salesperson assigned to the account.  Why?  Because in this situation, the salesperson and the credit department each have something to lose and something to gain making it more likely that sales will cooperate by quickly contacting the debtor.
  • Arrange for the debtor to contact you. At this early stage, you are in the information gathering phase and need answers to a variety of questions, including these:
      1. What prompted you to close your doors?
      2. Are you planning to re-open and if so when?
      3. Have you issued payment to clear our past due balance?
      4. If not, can you do so today?  If not, when is payment scheduled to be made to us?
      5. If there are no payments scheduled, have you filed for bankruptcy protection?
      6. If not, are you planning to do so?
      7. If so, what type of bankruptcy filing?  (Example:  Chapter 11 or Chapter 7)
      8. What else can you tell me about this situation that would be helpful for me to know?
      9. I recommend sending the debtor an account statement as well as a copy of every outstanding invoice.
      10. I would encourage you to order proofs of delivery on every outstanding invoice.  You want to get this supporting documentation before the window for requesting this documentation closes.
      11. Review your records to determine if you sell to related companies, and if you sell to related companies take whatever steps are appropriate to protect your company.

© 2010.  Michael C. Dennis.  All Rights Reserved