######################################## #Written by David Tam, 1997. # #davidkftam@netscape.net Copyright 1999# ######################################## David Tam Tuesday, March 11, 1997. Business Press Review ===================== Strauss, Marina. "Eaton's wins right to claim goods". The Globe and Mail. Saturday, March 5, 1997. B2. ------------------ An Ontario Court judge has ruled that under Eaton's CCAA order -- the Companies' Creditors Arrangement Act -- creditors will not be able to reclaim merchandise shipments to Eatons. From this decision, Eatons will be able to continue normal inventory activities unaffected by its financial troubles. Normally, creditors are allowed to try and reclaim merchandise that was sold 30 days before a bankruptcy declaration. However, under the CCAA, non of the creditors will be able to reclaim merchandise. Currently, this includes over $1-million worth of inventory located in a warehouse operation. This decision is contrary to a Quebec court's decision, made the day before, to allow Creations Claire Bell Inc. to retrieve merchandise from Eatons. It was ruled that the new decision had precedence over the older decision. Reasons for the decision include that the inventory levels of Eatons stores must remain constant in order to conduct proper business and maintain customer good will. This was also needed in order for future restructuring plans to be successful. It was mentioned in the article that Eatons chose to use the CCAA instead of the Bankruptcy and Insolvency Act, which would have had serious effects on the operations of the business. The lawyers at Eatons were pretty clever to invoke this alternative act, giving more protection to Eatons. Perhaps this was an example of long-term planning. This act may have been drafted many years before as an exercise in covering possible future hazards. As seen in the article, this new ruling has frustrated several suppliers who have all tried unsuccessfully to reclaim merchandise.