Seller Beware

Foley Partner Ann Marie Uetz and Associate Jennifer Hayes authored an article that appeared in the June 2010 issue of LJN's Equipment Leasing Newsletter titled "Seller Beware." The authors discuss an Eleventh Circuit decision that requires suppliers to return money paid by a Chapter 11 debtor for goods shipped after the debtor filed for bankruptcy protection, noting that a debtor must obtain permission from the bankruptcy court before using money under lien. They add that suppliers can protect themselves before shipping to a debtor by confirming the debtor’s authority to use its cash to pay for goods after filing for bankruptcy protection.