Quoting from [cleo]:
Hi all,
Like to find out in FOB trade, what will happen if my buyer or my seller declare bankruptcy? What are the steps to do to protect the company's interests?
Thanks for your attention![[em1]](http://img.alibaba.com/images/eng/style/icon/emoticons_smile.gif)
If your purchasing goods FOB and you are using a forwarding agent, assuming your terms are deposit and balance on shipping, then your risk is limited to the deposit. Once your agent recieves the goods on your behalf for shipment, they're not getting them back or, at the very least, your not going to release any more funds.
If the terms are L/C, well no doc's no payment! Hopefully you have established credit with your Seller.
If, on the other hand, you are shipping goods, the risk shifts to your company if you have not established L/C terms or some form of prepay.
As to the bankruptcy laws in the US, depending on who the party in bankruptcy is and if there are assets involved, will determine whether a claim with the bankruptcy court will be fruitful. The debtor must list his/her creditors and they must be notified. At that time you will the opportunity to file your claim.
Dave Smith