Reclamation Demand Letter


Summary

This Reclamation Demand Letter template is used to make a reclamation demand pursuant to Section 546(c). This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. Reclamation is the right of a seller to recover certain goods sold on credit terms to an insolvent buyer. This right is codified in Section 546(c) of the Bankruptcy Code, which recognizes a vendor's right to reclaim goods delivered to an insolvent buyer in the ordinary course of business within 45 days of the bankruptcy petition date. Courts look to Section 546(c) and the Uniform Commercial Code (UCC) (or other applicable state law) to determine if these and the other reclamation requirements are satisfied, including, among others, whether the debtor was insolvent at the time it received the goods (see 11 U.S.C. ยง 101(32)) and whether the definition of receipt (see UCC Section 2-103(c)(1)) is met with respect to the goods delivered to the debtor. This template is separate from a ...