Before September 11, Le Gourmet Gift Basket Inc. was growing at a healthy
clip. But in the months that followed the attacks, with steep drops
in the stock market and mounting layoffs, many of its would-be
customers began welshing on their contracts and bouncing checks.
Five of them went bankrupt in a 10-month period. "I've
never seen anything like it," says Cynthia McKay, 47,
president and CEO of the Denver-based franchise.
McKay stood in line with the other creditors but was mostly
unsuccessful in her efforts to recoup her investments. Although
there might be some indication of a problem beforehand, she says,
often "you don't know 'til you get that little
postcard [from bankruptcy court]."
Thanks to the continuing dismal economic climate, bankruptcy
announcements have been darkening the mailboxes of more and more
entrepreneurs. So what do you do if you find one in yours? After
reading the carefully underlined dates and deadlines for claims
filings, consult a bankruptcy attorney. One of the many ways a
lawyer can help is advising whether you should continue supplying
the customer. If losing the account could bankrupt you, it might
not be a bad idea to continue, at least temporarily, says Howard
Ehrenberg, a bankruptcy specialist and partner with Sulmeyer,
Kupetz, Baumann & Rothman, based in Los Angeles. "The
bankruptcy code protects vendors who continue to provide goods and
services after the bankruptcy is filed by giving them the highest
priority," says Ehrenberg.
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Ehrenberg also advises participating in the unsecured
creditors' committee, which is usually formed after a company
files for bankruptcy. It won't put you ahead of other unsecured
creditors, but the committee has the inside track on the
company's financial status and is empowered to appoint a
trustee if current management is deemed wrong for the job.
"The committee helps ensure that the unsecured creditors are
treated fairly," says Ehrenberg. "Without a voice, the
debtor will not likely be able to negotiate a better
result."
Business owners like McKay have found that smaller shops get
short shrift when looking to recoup debt. When she learned recently
that one of her customers, a large investment company, was not only
bankrupt but also facing criminal charges, she realized she
wasn't getting paid. "If it's a few thousand compared
to $20 million, I'm irrelevant," she says. "But that
few thousand dollars is a weekly payroll for an employee, or
several."
An ounce of prevention is still the best cure. Experts agree
that the most important precaution is making sure that you're
adequately diversified. If you place all or even most of your eggs
in one customer's basket, your business is at a tremendous
risk, particularly if you've made decisions based on that
customer being there. "If you added a second shift or bought
additional equipment to meet their needs, you could really be in a
very difficult position," says Bruce Kemelgor, professor of
entrepreneurship and management and director of the Small Business
Institute at the University of Louisville in Kentucky.
Be sure to heed the warning signs. Obvious clues are customers
taking longer to pay or not returning phone calls, says Eva
Rosenberg, CPA and publisher of Taxmama.com, a Web site providing
free tax information to individuals and small-business owners.
"And their order pattern will change. They're either
ordering a lot more because they know you're not going to give
them credit shortly or a lot less because they're going out of
business."
Of course, the easiest way to eliminate risk is to stop
extending credit. Although McKay hasn't stopped extending
credit on the retail side for fear of alienating customers and
losing them to bigger players, she has changed policies on the
franchising side, cutting out freebies, encouraging payment upfront
and imposing a finance charge if franchisees finance. Surprisingly,
she says, business is up about 17 percent since the changes started
last December. "I'm not sure why," she says.
"Maybe psychologically, if people feel they're being
evaluated in more distinctive terms, maybe they feel it's more
of a value for them."
C.J. Prince is executive editor of CEO Magazine. She
can be reached at cjprince@chiefexecutive.net.
Originally published in the February 2003 issue of Entrepreneur Magazine