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A Debtor's Return of Goods to Its Pre-Petition Supplier: At Last a Court Speaks. (Business Law).

Business Credit

| November 01, 2001 | Nathan, Bruce | COPYRIGHT 2001 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

This article is dedicated to all of the heroes of 9/11/01 and, in particular, the police and firefighters who risk their lives every day to protect all of us.

Introduction

Section 546(h) of the Bankruptcy Code, sometimes known as Section 546g*, enables a Chapter 11 debtor to return goods delivered by a trade creditor prior to the debtor's Chapter 11 filing. Until recently, there had been no reported court decision on this section of the Bankruptcy Code-that has changed!

Recently, in In re Century Electronics Manufacturing, Inc., the United States Bankruptcy Court for the District of Massachusetts approved a debtor's return of goods to a ...

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