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I have a customer that filed chapter 11, They want to continue business but I'm worried about them filing c7, should I continue

Southport, NC |

I have a small distribution business that has been profitable for the last 9 years. My #3 customer recently filed for chapter 11 but they want me to continue to supply them merchandise. Last year, we sold to them an average of $75K/month and I have $130K dedicated inventory for them on my shelf now. They have agreed to shorten payment terms to Net 15 which would limit my exposure somewhat. I calculate that if I sell to them again at the 75K/month rate that within 5 months I would recoup enough profit to cover my new exposure even if they filed chapter 7. My real question is, what data is available as to how often and how long it takes for a company to file a chapter 7 after they have filed a chapter 11. If it takes 6 plus months, then I should of course take the new risk and sell again, If it is usually a very short time I probably should not because I can not afford to take another loss like the one they just handed me. This customer Smurfit Stone Container is a fortune 500 company with over 200 branches in 48 states and Puerto Rico, so they are large enough to have a very complicated and probably time consuming filing.

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Attorney answers 1


There's really no way to answer this question as you posed it. Each BK filing is very different, so any statistical trends would not do you much good.

What I would say is that perhaps you need to discuss this with a local attorney, and discuss it in terms of how you feel that business operates. Do you believe they can be profitable again? What was the reason for their financial downturn? Etc.

Good luck

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