UCC Remedies in Supply Chain Distribution: Anticipatory Repudiation, Adequate Assurance, Bankruptcy Considerations
Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Banking and Finance
- event Date
Thursday, September 25, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will examine the remedies available to suppliers who have delivered or are delivering goods to financially distressed buyers in the supply chain. The panel will discuss the rights and remedies available under Article 2 of the Uniform Commercial Code (UCC) and steps to take if the buyer files for bankruptcy.
He is an accomplished financial restructuring and bankruptcy attorney, having represented debtors, creditors’ committees, Fortune 500 companies, asset purchasers, financial institutions and trustees in complex bankruptcy and restructuring matters nationally and internationally. He has expertise across a wide variety of industries, including automotive, printing, real estate and telecommunications.
Mr. Jackiw represents both plaintiffs and defendants nationwide in bankruptcy and commercial litigation, including avoidance actions, complex bankruptcy claim disputes, breach of fiduciary duty actions, and bankruptcy fraud litigation. He has prosecuted millions of dollars of preference litigation claims on behalf of liquidating trustees and chapter 7 trustees, and he has defended hundreds of preference and fraudulent transfer claims on behalf of individual defendants in jurisdictions throughout the United States. In addition to his experience in bankruptcy courts, Mr. Jackiw assists clients in general collection and commercial law litigation.
Mr. Torf helps companies maximize their recovery and minimize their risk when dealing with financially distressed customers, suppliers, and other related parties. In Mr. Torf’s creditor-focused bankruptcy practice, he is a creative thinker who considers possible avenues for higher-priority claims and better recoveries that might otherwise not be apparent. He devises and implements strategies to accomplish the goal of maximizing recovery for creditor-side clients, sometimes through negotiation after creating leverage through a court filing and other times through litigation in the bankruptcy court. Mr. Torf frequently counsels clients on rights and remedies available under the Uniform Commercial Code and works with clients to exercise those remedies. When utilized properly, these tools often help get our clients a step ahead of other unsecured creditors.
Suppliers of goods have various rights and remedies to minimize risk and maximize recovery when selling to financially troubled customers. While these options are helpful under normal circumstances, the current tariff regime and turbulent geopolitical environment present challenges throughout the supply chain, including customers—both large and small—that warrant extra attention from suppliers. UCC Article 2 offers certain protections that apply to all contracts involving the sale of goods, even if not in the contract or purchase order terms.
Upon reasonable grounds for insecurity, a seller can demand adequate assurance of performance from a financially distressed buyer before proceeding with delivery. Article 2 also permits a seller of goods, upon discovering that its buyer is insolvent while the products are in transit, to stop delivery of those goods.
After goods are delivered, the seller has the right to recover possession of products sold to a buyer that the buyer received while insolvent or within 10 days before filing for bankruptcy. Counsel must understand the nuances of these remedies and the notice and demand requirements associated with each.
The current tariff situation and geopolitical climate present unique challenges impacting the entire supply chain. The leverage one supplier utilizes against its customers might similarly be used by the supplier's suppliers. Suppliers may want to seek ways to balance risk mitigation with the desire to help the customer survive its current financial distress so a business relationship can be maintained going forward.
Listen as our authoritative panel discusses the remedies available to suppliers concerning insolvent or financially distressed buyers and factors to consider in the current economic environment.
I. Overview: current supply chain issues and developments
II. UCC Article 2 and delivery of goods in the supply chain
III. Adequate assurance and "reasonable grounds for insecurity"
IV. Stoppage of delivery of goods in transit
V. Reclamation
VI. Exercising UCC remedies in the current environment
VII. Practitioner pointers
The panel will review these and other key issues:
- How are tariffs and the current geopolitical environment impacting supply chains?
- What constitutes reasonable grounds for insecurity as well as adequate assurance under Article 2?
- What are the notice requirements to stop delivery? Why is timing so critical?
- How should a supplier exercise its right of reclamation after a purchaser has filed for bankruptcy?
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