IF A company files for chapter 11 can they still purchase from me if they pay with credit card or cash

i have a customer that i have been selling to for a long time now but the have recently filed for chapter 11 i have been told that if they file that you can no longer sell to them even if they pay cash or credit card is this true
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Keith C. Owens

Keith C. Owens

Contributor Level 3
No. If your contractual relationship with the customer is governed by individual purchase orders or invoices (and not subject to an executory contract), you can (a) continue to sell to the customer after it files Chapter 11, (b) refuse to sell to the customer in your discretion, or (c) sell to the customer on different terms (e.g., COD, advanced payment, etc.). In some jurisdictions, bankruptcy courts will even enter an order authorizing the debtor to pay the pre-petition claims of so-called "critical vendors." If the Chapter 11 debtor is not administratively insolvent, you should be paid in the ordinary course of business. If you are not paid, and your services actually benefited the debtor's bankruptcy estate, you would likely have an "administrative claim" that must be paid in full (unless otherwise agreed by you) in order for the debtor to confirm a Chapter 11 Plan.

Please note, however, that if you have a long-term contract in which material obligations remain unperformed on both sides (i.e., an "executory contract"), you are in fact obligated to continue to perform under such contract after the bankruptcy filing unless and until the contract is rejected. See 11 U.S.C. ยง 365.

NOTE: This information is not intended to (and does not) create an attorney-client relationship. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such information. Questions and answers on this Site are not confidential and are not subject to attorney-client privilege.
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