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Setoff and Recoupment in Bankruptcy: A Primer for Credit Managers

    Today’s credit manager is under more pressure than ever. 

    Accounting wants to know why bad debt expense is so high, while sales is calling to find out why their largest prospective customer in years was turned down for financing. Sometimes it feels like no one is happy with the news coming out of your department. 

    Add to a credit manager’s woes a customer’s bankruptcy filing and it may seem time to rethink your career choice. Unfortunately, in today’s economic climate, bankruptcies are a part of doing business. And although a customer’s bankruptcy filing generally means a credit grantor will suffer some loss, often there are ways to mitigate those losses, both prior and subsequent to the filing of a bankruptcy petition.

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    The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.

    Editorial Disclaimer

    Originally published before the Ashurst Perkins Coie combination. See disclaimer.

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