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The reclamation demand: Must it specifically identify goods or will a general demand suffice? (Business Law).(trade creditor's enhanced right of recovery)

Business Credit

| June 01, 2002 | Nathan, Bruce S. | COPYRIGHT 2002 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

Much has been written and spoken about a trade creditor's enhanced right of recovery when it has properly asserted its state law reclamation rights. Bankruptcy law recognizes a trade creditor's state law reclamation rights. A trade creditor that satisfies all of the requirements for reclamation should receive a larger recovery on its pre-petition unsecured trade claim in its customer's bankruptcy case than the creditor would have otherwise realized if its claim were treated as a general unsecured claim-- perhaps even the full payment of its claim.

A creditor must first send a written demand for reclamation of its goods within a short period ...

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Source: HighBeam Research, The reclamation demand: Must it specifically identify goods or will a...

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