Legal Question in Business Law in Massachusetts

If saab goes chapter 7 what happens to the warranty?


Asked on 9/12/11, 8:46 am

1 Answer from Attorneys

It will depend where the bankruptcy is handled for both the parent corporation and its US subsidiary. Warranties may be treated as a preferred creditor or they may get wiped out. It depends on the assets and debts.

Most likely some accomodation will be made on the warranties if Saab remains in business to any degree, by selling its name and other useful assets to a new owner.

If there is a straight liquidation, the warranty holders will be treated like any other creditor. However, you may find that there is an independent company that will take over the warranties for a fee and the court may allow that to be done.

There are federal and state laws protecting consumers with respect to warranties and there may have to be funds set aside for those claims or you may be treated as a preferred creditor.

Good Luck

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Answered on 9/12/11, 9:23 am


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