In today’s retail bankruptcy environment, obtaining “critical vendor status” is n ot enough. Many predict that 2018 will continue being an active year in retail bankruptcies, especially for highly leveraged retailers. Since our last article, numerous well-known retailers have filed for protection under the Bankruptcy Code, including: Bon-Ton, Claire’s, Nine West, and Toys “R” Us. Not even one of the most profitable holiday seasons in recent history should put retailers at ease. For trade creditors, one overarching theme remains the same: be on guard, and protect your rights.

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