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Ten Tips Relating to Chapter 7 Bankruptcies

A Chapter 7 bankruptcy is a legal procedure under the U.S. Bankruptcy Code for liquidating a business that cannot pay its debts.

  1. File your Proof of Claim form promptly
  2. File the Proof of Claim for the net amount due.  Reduce outstanding invoices and chargebacks with credits and on account cash to determine the net amount owed by the bankrupt debtor
  3. Be sure to sign this document as required, and include with it copies of all relevant documents including copies of an account statement along with open invoices, debits and credits as required
  4. Work with your attorney to review your options if you receive a Preferential Transfer demand
  5. Ask your attorney about Reclamation Rights as soon as you are made aware that an active customer has filed for bankruptcy
  6. Read all official documents received in connection with the bankruptcy to be sure no action is required by you / your company
  7. Once you are aware a bankruptcy has been filed, immediately print out two copies of:  the account statement, all invoices, credits, debits and chargebacks.
  8. If you decide to sell to the bankrupt customer, do so on a separate account.  Co mingling pre-petition sales, credits and payments can cause confusion so make the time to create a new account for post-petition sales
  9. Remember that you are under no obligation to offer a bankrupt customer open account terms, and doing so may put you and your company at risk.  Post petition administrative priorities in bankruptcy do not guarantee you will be paid
  10. Always take time to perform an autopsy on a bankrupt account.  The goal is to see if there were indications of serious financial problems, and what you might have done to reduce the loss

© 2008 by Michael C. Dennis.  All Rights Reserved.