Legal Question in Business Law in Ohio
I was wondering if i can sue a company in receivership? I am a supplier to a company that abruptly shut its doors with no notice. They currently owe me more than $18,000 for products that were delivered and not paid for. I spoke with the accounts payable clerk and was told they are not allowed to pay anything. I asked if i could recover any of the products that they still have in there possesion and was told that was not possible because it is now an asset of there company. How can it be an asset of there company when its not been paid for?? I would appreciate any advice i can get. I have never faced anything like this before.
1 Answer from Attorneys
There are a few aspects in this type of situation to consider. One is whether the owners knew of their pending insolvency issues when they took your goods. This could give rise to an argument to pierce the company to the owners, holding them personally responsible. Another is a doctrine called �reclamation,� which says that if the debtor still has your goods and becomes insolvent, they may have to return the goods or give you an elevated type of claim against their assets. There are different steps to take depending on whether the company has truly filed for bankruptcy, or is operating under a court ordered receivership, or whether the employee is just telling you the company is under such a system. If the company was truly in receivership, the employee could have given you the information to contact the Receiver. I would certainly recommend you contact a local creditor's rights or collections attorney. No matter what the situation is, it is better to move early and quickly in determining whether there is anything you can do. Waiting could allow your rights, claims or priority to be waived or lost, or the company could simply be eliminating their assets while stalling creditors.
Disclaimer: This information is not intended to be specific legal advise and may not be relied on as such, or whether the employee is just telling you the company is under such a system.
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