Reclamation Demand
[date]
Via [method of delivery]
[Debtor’s Counsel]
[and/or]
Via [method of delivery]
Debtor
[Include claims agent if one exists]
Re: In re [name of debtor], Case No. [number], in the United States Bankruptcy Court for the [Northern/Southern/Western/Eastern] District of Texas, [city] Division
NOTICE AND DEMAND TO RECLAIM GOODS
Dear Debtor’s Representative:
Our firm represents [name of vendor] (“Vendor”) regarding its reclamation demand against [name of debtor] (“Debtor”). Vendor demands that goods delivered to Debtor in the amount of $[amount] (the “Reclaimed Goods”) be returned immediately to Vendor. A copy of the invoice and delivery information for the Reclaimed Goods is enclosed as Exhibit [number/letter].
Pursuant to the provisions of sections 546(c)(1) of Chapter 11 of the United States Code (“Bankruptcy Code”), section 2-702(2) of the Uniform Commercial Code, and any other applicable law, Vendor files this demand to reclaim the goods shipped by Vendor to Debtor and received by Debtor within the forty-five-day period immediately preceding the filing of Debtor’s bankruptcy petition as provided under section 546 of the Bankruptcy Code.
Vendor is entitled to and does reclaim the Reclaimed Goods shipped to Debtor. The quantity and value of the Reclaimed Goods is set forth in the enclosed Exhibit [number/letter] and represents goods shipped by Vendor and received by Debtor. The applicable shipping terms, the date of delivery to, and/or acceptance by Debtor of the Reclaimed Goods and other supporting documentation is set forth in Exhibit [number/letter].
Vendor demands that Debtor segregate and identify the Reclaimed Goods and that Debtor refrain from using the Reclaimed Goods pending the return of the Reclaimed Goods to Vendor or until this matter has been otherwise resolved. If Debtor’s records of the property received from Vendor during the applicable periods are different, please promptly provide an accounting to us within ten calendar days of the date of receipt of the letter. Otherwise, we will assume that the Reclaimed Goods were received by Debtor during the applicable periods and that all of the Reclaimed Goods are in Debtor’s possession and have been identified and segregated.
Nothing herein shall constitute a waiver of rights by Vendor, and Vendor specifically reserves all rights and remedies, including but not limited to its right to (1) assert secured claims, (2) receive payment of goods delivered in the ordinary course of Debtor’s business, (3) assert administrative expense claims under section 503(b)(9) of the Bankruptcy Code, and (4) assert additional claims pursuant to any applicable law.
Please contact me with any questions.
Very truly yours,
[Name]
Attorney for [name of vendor]
Enclosure
cc: Via [method of delivery]
Counsel for Unsecured Creditor’s Committee
cc: Via [method of delivery]
US Trustee