Here's the Legal Story
On March 3, 2009, Longbow Freight Systems Inc filed a Notice of Intention to Make a Proposal under the Bankruptcy and Insolvency Act. The Trustee is Perry Kreiger & Associates Inc., Richmond Hill ON.
What does that mean if you are owed money by Longbow?
(a) all liabilities of the DEBTOR COMPANY are frozen. This means that you cannot take any further collection activity against the DEBTOR COMPANY. (that includes phone calls)
(b) any money owed to DEBTOR by his customers would normally be paid to the DEBTOR; however, there is no official receiver yet , so Longbow can deposit money received from their customers without any liability to pay the unpaid carrier. This is different from a "bankrupcty" where an official receiver is appointed.
(c) Within the next 30 days, which is usually extended upon request to the Court, Longbow has to come up with a repayment plan that is voted on by the unsecured creditors using a formula based on number of creditors and dollar amount.
(d) If the proposal fails, Longbow is automatically in bankruptcy. If the proposal succeeds, they can carry on subject to payment terms of the proposal.
(e) If you do work for Longbow now, you are not guaranteed payment. It is recommended that you are paid by certified cheque prior to delivering.
(f) There are serious consequences if you decide to accept new business from Longbow, and then hold the freight ransom for what is owed you.
(g) There is no obligation on the part of the Trustee or Debtor to advise the customers of Longbow. However, it would not be inappropriate for you to contact the customers to determine if they have in fact paid Longbow.
(h) PM me if you would like to have a meeting of unpaid creditors to discuss options prior to the official meeting to be held by the Trustee.