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PR Fuel: Protect Your Business From Your Clients
When Lehman Brothers filed bankruptcy protection last month
the Wall Street institution left hundreds of vendors unpaid.
Among the companies left with outstanding bills was Kekst &
Co., a New York-based public relations firm that was
handling crisis management. Kekst & Co., according to The
New York Post, is owed approximately $400,000.
Kekst & Co. will have to wait a long time to get its money,
and there's no guarantee that it will get all that it is
owed. In fact, the firm could end up getting nothing because
it's an unsecured creditor. Any claim made by the firm will
be behind those of secured creditors such as bondholders. In
other words, Kekst & Co. will have to wait in line.
One problem that Kekst & Co. encountered, according to the
newspaper, was that personnel changes in Lehman Brothers'
communications department delayed payment. The firm was
expecting payment just days before Lehman Brothers filed for
bankruptcy, but the check never came. Even if the check had
come, Kekst & Co. would have had to cash it and had it clear
the bank before the bankruptcy filing.
While $400,000 is a lot of money, Kekst & Co. is owned by
advertising giant Publicis, so the outstanding invoice is
just going to end up as a blip on a balance sheet.
Nonetheless, it's still money owed with no guarantee of
payment.
As the economy continues to show signs of souring, more and
more companies will seek bankruptcy protection in an effort
to stave off creditors. For example, earlier this week a
Kansas-based ethanol producer filed for bankruptcy
protection leaving its vendors with millions in unpaid
bills. I doubt that many people believed a year ago that an
ethanol producer would go bankrupt so soon. However, falling
corn prices and tight credit markets doomed at least one
ethanol firm.
When times get tough like this it's time for businesses to
get tough with their clients. During the dot-com bubble
burst when I was doing some consulting I demanded either
upfront payments or that clients put money into escrow to
pay me. I had been burned by bankrupt clients in the past
and my own finances were not secure enough to work without
guarantee of payment.
I dropped two clients who refused to pay upfront or put
money in escrow - and both went bankrupt. One client who
paid me upfront went bankrupt, but I continued to work with
the client after the bankruptcy filing because of the good
faith the client showed me in paying me upfront. A judge
later approved additional payments to me during the
liquidation process and though the company closed up shop, I
ended up doing some work for its founder when he launched a
new enterprise.
There's a risk/reward quotient with any client. From a
financial standpoint, you want to find out as much about the
health of a company's business as you can and understand
whether there's a risk of non-payment down the road.
Likewise, do not let bills go unpaid. A personnel change is
not an excuse not to pay a bill.
The sad fact is that bankruptcies have a cascading effect. A
large company goes bankrupt and can't pay a small vendor. In
turn, the small vendor can't pay its own vendors, or even
its own employees. The dominoes just keep falling and
someone ends up being the ultimate loser in the equation.
Don't let that be you.
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Ben Silverman is currently the Director of Development and a
Contributing Editor for Indie Research
(http://www.indieresearch.com), an independent investment
research service. Previously, Ben was a business news
columnist for The New York Post and the founder/publisher of
DotcomScoop.com. He can be reached via email at
bensilverman@gmail.com.
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