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Seller's right to stop delivery vs. buyer's secured inventory lender: seller wins at last. (Business Law).

Business Credit

| January 01, 2003 | Nathan, Bruce S. | COPYRIGHT 2003 National Association of Credit Management. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Introduction

Trade creditors enjoyed a double win in two recent decisions of the United States Bankruptcy Court in Delaware First, in In re Kellstrom Industries, Inc., the court upheld a seller's right to stop delivery of goods in its possession that were purchased by an insolvent buyer in bankruptcy and also granted the seller priority over the rights of the buyer's floating inventory secured lender. Then just about one week later, in In re Trico Steel Company, L.L.C., the same court upheld a seller's right to stop delivery of goods in the possession of carrier engaged by the buyer and also upheld the seller's prior right to the goods over the rights of the ...

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