Perspectives

Bankruptcy

The Hidden Cost of Slow-Paying Customers

For most credit departments, Days Sales Outstanding (DSO) is one of the first metrics leadership looks at when evaluating accounts receivable performance.

And for good reason.

DSO provides a useful snapshot of how quickly a company converts sales into cash. But focusing soley on DSO can sometimes mask a much larger issue lurking beneath the surface: the true cost of slow-paying customers.

Every overdue invoice carries a cost. While those costs may not always appear on a balance sheet, they impact cash flow, operational efficiency, profitablity, and ultimately a company’s ability to grow.

The most succesful credit and finance leaders understand that delinquency isn’t simply an accounts receivable problem-it’s a business problem.

The Cost of Carrying Delinquent Accounts

When a customer extends payment terms from 30 days to 60, 90, or even 120 days, many organizations view it as an inconvenience.

In reality, every additional day an invoice remains unpaid ties up working capital that could be used elsewhere.

That capital may have been intended to:

  • Purchase inventory
  • Fund expansion initiatives
  • Invest in new equpiment
  • Support payroll obligations
  • Reduce borrowing needs
  • Improve overall liquidity

The longer receivables remain outstanding, the longer your organization effectively finances your customer’s business operations.

Cash Flow Challenges Extend Beyond the Credit Department

Late payments don’t just affect accounts receivable metrics. They influence broader business decisions.

Organizations experiencing slower collections may find themselves:

  • Drawing more heavily on lines of credit
  • Delaying capital investments
  • Reducing operational flexibility
  • Increasing borrowing costs
  • Facing greater cash flow uncertainty

For finance leaders, this creates a ripple effect throughout the organization.

A customer who pays 90 days later may appear manageable on paper. But when multiple customers follow the same pattern, the cumulative impact can strain even healthy businesses.

The challenge isn’t simply collecting money-it’s maintaining predictable cash flow.

The Administrative Cost Nobody Talks About

One of the most overlooked costs of delinquency is the amount of internal time spent managing overdue accounts.

Consider what happens when an account becomes seriously delinquent:

  • Collection calls increase
  • Follow-up emails multiply
  • Payment promises must be tracked
  • Documentation requests becomes more frequent
  • Internal meetings consume additional resources
  • Disputes require investigation and resolution

For many credit professionals, a small percentage of customers consumes a disproportionate amount of their time. And that time has value.

Every hour spent chasing an account that has little intention of paying is an hour that cannot be spent on:

  • Credit analysis
  • Risk management
  • Customer relationship development
  • Process improvements
  • Strategic planning

Eventually, delinquent accounts begin creating operational costs that exceed the orginal value of the relationship.

When Slow Paying Customers Become Unprofitable Customers

Many businesses evaluate customer profitability based on sales volume and gross margin. But profitability calculations often fail to account for collection costs.

A customer generating significant revenue may appear valuable until you factor in:

  • Repeated collection efforts
  • Internal administrative expenses
  • Increased borrowing costs
  • Legal expenses
  • Write-off risk
  • Managemement time spent resolving disputes

At some point, a customer can become more expensive to service than they are worth.

The goal isn’t necesarily to stop doing business with challenging customers. Rather, it is to understand the true cost of maintaining those relationships and adjust your strategy accordingly.

The Cost of Waiting Too Long

One of the most common challenges we see is organizations delaying escalation in hope that an account will eventually resolve itself.

Sometimes it does. Often, it doesn’t.

The reality is that collection options tend to decrease as delinquency ages.

As time passes, businesses may face:

  • Diminished leverage
  • Lost documentation
  • Expired lien rights
  • Increased bankruptcy risk
  • Reduced recovery opportunities
  • Larger write-offs

Many companies view legal intervention as a last resort. In practice, strategic legal involvement often works best before an account reaches crisis status.

Legal Intervention is About More Than Litigation

There is a common misconception that involving an attorney automatically means filing a lawsuit. In reality, experienced commercial collections attorneys can often help businesses evaluate options, preserve rights, and create leverage before litigation becomes necessary.

Depending on the situation, legal involvement may include:

  • Demand letters
  • Contract analysis
  • Review of guarantees and security interests
  • Lien and bond claim evaluation
  • Negotiation support
  • Recovery strategy development

When viewed through that lens, the true cost of slow-paying customers becomes much easier to quantify. And once you understand that cost, you can make more informed decisions about when to continue internal collection efforts and when escalation makes business sense.

Simplify the Complex

Credit professionals play a critical role in protecting cash flow and managing business risk. But even the strongest internal collection processses have limits.

Working with experienced commercial collections counsel can help organizations identify risks earlier, preserve recovery options, and improve collection outcomes before delinquent accounts become write-offs. Because knowing the cost of delinquency helps determine when it’s time to escalate.

At Wagner, Falconer & Judd, we help businesses simplify the complex through strategic commercial collections, creditor rights, and recovery solutions designed to protect what you’ve earned.

 

Understanding the UCC-Part One: Securing Your Interests

In the world of commercial finance, risk management is essential-and one of the most important tools available to creditors is the Uniform Commercial Code (UCC). If your organization extends credit or leases high-value equipment, understanding how to leverage the UCC can mean the difference between secured and unsecured recovery in a default situation.

What is the UCC?

The Uniform Commercial Code is a standardized set of laws governing commercial transactions in the United States. Article 9 of the UCC specifically addresses secured transactions, enabling lenders and sellers to file legal claims against the collateral that backs a loan or a line of credit.

At the heart of this process is the UCC-Financing Statement-a public filing (usually with the Secretary of State) that puts the world on notice: a creditor has a legal interest in the debtor’s property.

Types of UCC Filings

There are two primary types of UCC filings:

General (or Blanket) Filings: These cover all of a company’s assets, not just a specific item. banks often use blanket liens to secure lines of credit or loans, giving them the right to repossess a broad range of assets if a default occurs.

Specific Collateral Filings: These narrowly define the collateral-such as inventory, accounts receiveable, or equipment. This approach is commonely used by vendors or leasing companies who want to secure interest in a particular asset or class of assets.

Within specific collateral filings, a Purchase Money Security Interest (PMSI) stands out. PMSIs allow the creditor to leapfrog others in terms of priority, provided certain requirements are met, including early notification and timely filing.

Getting it Right: Filing Procedures

To perfect a security interest and maintain priority, a creditor must:

  1. Obtain a signed security agreement– This could be part of a credit application, a promissory note, or a stand-alone document.
  2. File a UCC with the correct information:
    • Full legal name and address of the debtor
    • Creditor’s name and address
    • Precise description of the collateral (e.g., “Debtor’s inventory…now owned or hereafter acquired…”)
  3. Monitor expiration dates: UCC-1 filings are active for 5 years and require a continuation statement within 6 months of expiration.

Stay tuned for Part Two, where we’ll walk through priority disputes, enforcement in default, bankruptcy implications, and what happens when businesses merge or reorganize.

 

 

Chapter 7 Bankruptcy: A Credit Manager’s To-Do-List

 

When a customer files for Chapter 7 bankruptcy, it’s crucial to act swiftly and strategically to protect your company’s financial interests. Below is a practical to-do list for credit managers and finance professionals navigating this complex process.

  • Confirm the filing

Verify the bankruptcy filing by obtaining the case number and confirming the court’s jurisdiction.

  • Comply with the Automatic Stay

Cease all collection activities immediately to avoid potential penalties for violating the automatic stay.

  • Obtain the Petition and Mailing Matrix

Review the bankruptcy petition and mailing matrix to ensure your debt is listed correctly Confirm your company’s mailing address to receive important notices.

  • File a Proof of Claim

Submit a timely proof of claim to establish your right to receive any distributions from the debtor’s estate.

  • Review Recent Transactions

Examine transactions within the last 90 days for potential preferential payments that may be subject to crawlback.

  • Evaluate Fraud Concerns

If you suspect fraud, consider pursuing and adversary proceeding to challenge the discharge of the debt.

  • Confirm Lien and Bond Rights

Ensure your lien or bond rights are presereved. These rights may offer additionaly protections, even during bankruptcy.

Take Action Today

Navigating a customer’s bankruptcy requires attention to detail and expert legal guidance. Wagner, Falconer & Judd specializes in protecting creidtor’s rights. Contact us to ensure your business is positioned for the best possible outcome in Chapter 7 cases.

Chapter 11 Bankruptcy: Small Business Reorganization Act – A Welcome Relief to Small Business Owners.

Small businesses are a pillar of the American economy. In 2005, Congress enacted Bankruptcy Abuse Prevention and Consumer Protection Act to allow small business owners easier options for reorganization.

After almost 15 years, Congress realized small business debtors were the least likely to have a successful reorganization while still having a high number of small business failures.

On August 23, 2019, Congress passed the Small Business Reorganization Act (SBRA). The SBRA is a Chapter 11 reorganization bankruptcy under the new subchapter, Subchapter V.

The SBRA has new requirements as to which individuals or entities will qualify under Subchapter V, as well as new procedures. These features were added to allow small business to avoid some of the burdensome costs and time typically associated with a Chapter 11 bankruptcy.

The highlights of the SBRA are as follows:

  1. Debt limit has a baseline of total debt at $2,725,625;
  2. Elimination of the absolute-priority rule for creditors;
  3. Appointment of a trustee, similar to those appointed in Chapter 12 and Chapter 13 of the Bankruptcy Code; and
  4. Less strenuous disclosure statements and more debtor-friendly rules governing the plan requirements.

The complexity of filing bankruptcy for small businesses owners and small business debtors may be lessened by these new changes, the option to file under Subchapter V will keep many businesses operating.

The changes brought forth by the SBRA are exciting and a welcoming change to the law. There are many factors for small business owners to consider before filing of a reorganization bankruptcy. As always, it is best to consult with your LegalShield provider firm for a more detailed analysis.

Posted on April 14, 2020