Is it unwise or dangerous to participate in placing a debtor into involuntary
bankruptcy?
Answer: If your company
is not being paid but other creditors are; or if management is incompetent
or dishonest; or if you are aware that assets are being sold at less
than their fair market value; or if officers and owners of the company
are being highly compensated or given bonuses while your company is not
being paid then participating in an involuntary filing may be the best
way to collect some or all of the money owed to your employer.
A note of caution: If you did not have a bonafide basis for an involuntary
filing, your company may face significant liability. Even if your decision
to file was correct, the debtor might nevertheless find ways to retaliate
against your company - and at the very least the debtor may elect never
to purchase from your company again even if they emerge from bankruptcy. |