Am I included in a chapter 11 bankruptcy file that a company signed? 3 Answers as of August 01, 2011

We incurred a debt from a company that filed chapter 11 after the filing date. Are we included in this bankruptcy chapter 11. What should we do? What is a reclamation letter?

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Heupel Law
Heupel Law | Kevin Heupel
If you’re a creditor to a company that filed a Chapter 11, then yes, you are involved in the Chapter 11 and the court can restructure the debt that is owed to you.

Reclamation is the right of a seller to recover possession of goods delivered to an insolvent buyer. The remedy of reclamation is needed when an unsecured vendor is unable to retrieve goods or stop them in transit. A reclaiming vendor need not prove fraud, although the premise of reclamation is that the vendor was defrauded. Under the common law and the old Uniform Sales Act, the seller could only exercise its reclamation rights if it proved the buyer obtained delivery by misrepresenting its solvency. However, The Uniform Commercial Code (UCC) has expanded this remedy where the buyer does not misrepresent solvency.
Answer Applies to: Colorado
Replied: 8/9/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
you need to see a lawyer that knows something about Chapter 11. I'm not sure what this letter is that you are referring to.
Answer Applies to: California
Replied: 8/1/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If you incurred a debt from a company that filed chapter 11 the debt must be paid.
Answer Applies to: California
Replied: 7/28/2011
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