Quick Answer
Every vendor sued by the Plan Administrator for F21 OpCo, LLC (Forever 21), whether based in the United States or overseas, generally must answer within 30 days after the summons was issued in Delaware. The clock does not wait for the complaint to arrive. Because these summonses were issued recently, most deadlines fall in early to mid November 2026. A vendor that does not respond in time can face a default judgment for the full amount, plus interest and costs, enforceable against its bank accounts, customers and other property in the United States.
U.S. and Overseas Vendors Are Being Sued
Steven Balasiano of MHR Advisory Group, LLC, as Plan Administrator, has filed more than 130 preference lawsuits in the U.S. Bankruptcy Court for the District of Delaware, under the main Forever 21 case, In re F21 OpCo, LLC, Case No. 25-10469 (MFW). The defendants include U.S. apparel and accessory wholesalers, trucking and logistics companies, marketing agencies, technology providers and other service vendors.
About 50 of the lawsuits name companies that appear to be based outside the United States, including garment makers in mainland China, Hong Kong trading companies, and suppliers in South Asia, Southeast Asia and the Middle East.
Each complaint seeks to recover payments Forever 21 made between December 16, 2024 and March 16, 2025. Check the full Forever 21 case list for your company’s name, including any trading name or affiliate.
How the 30-Day Clock Works
Under Federal Rule of Bankruptcy Procedure 7012(a), a defendant must answer within 30 days after the summons was issued, unless the court sets a different time. The clock starts in Wilmington, Delaware, on the day the clerk issues the summons, not the day your company receives it.
That means every vendor loses time before anyone reads the complaint. Overseas vendors lose the most. The timeline below shows how quickly 30 days disappears.
| Event | U.S. vendor | Overseas vendor |
| Summons issued by the Delaware court | Day 1 (30 days left) | Day 1 (30 days left) |
| Summons and complaint mailed | Up to day 7 | Up to day 7 |
| Mail reaches your office | Usually a few days after mailing (about 18 to 21 days left) | Often 10 to 21 days after mailing (about 2 to 13 days left) |
| Complaint routed to the right person | Several more days | Several more days, plus translation (often no time left) |
The deadline is measured in Delaware time. If day 30 falls on a Saturday, Sunday or U.S. federal holiday, the deadline moves to the next business day. For example, a summons issued on Friday, October 9, 2026 produces a day 30 of Sunday, November 8, 2026, so the answer would be due Monday, November 9, 2026. Mail does not add extra days, because the clock runs from the date the summons was issued.
What Counts as a Response
A company, whether U.S. or foreign, must respond through a licensed attorney who can appear in the Delaware Bankruptcy Court. A letter or email from your owner, CFO, sales manager or credit manager to the judge or to plaintiff’s counsel is not an answer, and the case can proceed to default even after such a letter is sent.
The filings that protect your company are an answer that asserts your defenses, a motion that challenges the complaint or the service of process, or a written extension agreed with plaintiff’s counsel and documented before the deadline. In Delaware, the answer must also state whether your company consents to the bankruptcy court entering final orders or judgment.
Additional Issues for Foreign Vendors
Many overseas suppliers believe a U.S. court cannot reach them because the complaint arrived by ordinary mail. Whether mail service is valid on a company in another country depends on international rules such as the Hague Service Convention, and some countries, including China, have objected to service through postal channels.
A service problem can be a real defense, but only if it is raised correctly and on time. Under the federal rules that apply in bankruptcy adversary proceedings, an objection to service is waived if it is left out of your company’s first motion or answer. Ignoring the complaint does not preserve the objection. It invites a default, and your company is then forced to fight the default from behind.
When a summons is served abroad through formal international channels, the court can set a different response deadline. Unless your lawyer confirms otherwise from the docket, the safest assumption is that your answer is due 30 days after the issue date on your summons.
Consequences of Missing the Deadline
- Default judgment for the full amount. The Plan Administrator can ask the court for judgment for every payment listed on Exhibit A, plus interest and court costs.
- Your defenses are lost. Subsequent new value, ordinary course and contemporaneous exchange defenses are the reason most preference claims settle for a fraction of the demand. For overseas suppliers, FOB ship dates and bills of lading often make these defenses especially strong. A default gives all of that up.
- Your claim against Forever 21 is at risk. If your company filed a proof of claim for unpaid invoices, the complaint asks the court to disallow it under 11 U.S.C. § 502(d) until the judgment is paid.
- The judgment can be collected. A U.S. judgment can be enforced through bank account levies, garnishment of money your customers owe you, and claims against goods or other property your company holds in the United States. It can also be registered in other federal districts where your customers or assets are located. For a foreign supplier that still sells to U.S. retailers, a default judgment can follow its U.S. business for years.
- Undoing a default is costly. Your company would need to file a motion, show good cause and show a meritorious defense. That costs more than a timely answer, and the outcome is never certain.
Practical Steps for Every Vendor Right Now
- Find the summons and write down the issue date and the adversary proceeding number, which begins with 26-50.
- Count 30 days from the issue date and treat that as your deadline, even if the package arrived late.
- Send the summons, complaint and Exhibit A to a Delaware-admitted bankruptcy attorney the same week.
- Gather two years of Forever 21 purchase orders, invoices, payment records and shipping or delivery records, including bills of lading and packing lists for overseas shipments.
- Preserve emails and messages, including WeChat or WhatsApp, with Forever 21’s buyers and accounts payable team from late 2024 and early 2025.
- Note whether payments came from Forever 21 directly or through a letter of credit bank, factor, agent or related company.
- If your records are in another language, prepare a short English summary of your relationship with Forever 21.
- Do not pay the demand or sign a settlement until your defenses have been reviewed.
To understand how these claims are reduced, read about the defenses available to U.S. and foreign vendors.
Frequently Asked Questions
When must a vendor answer the Forever 21 complaint?
Generally within 30 days after the summons was issued by the Delaware court. Because the Forever 21 summonses were issued recently, most deadlines fall in early to mid November 2026.
Does the 30 days start when we received the complaint?
No. The 30 days run from the date the summons was issued, not the delivery date. Your lawyer can ask plaintiff’s counsel for an extension, but it must be agreed before the deadline passes.
Is service by mail valid on a company in China or Hong Kong?
It depends on the country and on international rules such as the Hague Service Convention. A service objection must be raised in your first response or it is waived, so it is not a reason to ignore the complaint.
What happens if a vendor ignores the Forever 21 lawsuit?
The Plan Administrator can obtain a default judgment for the full amount plus interest and costs. That judgment can be enforced against the vendor’s bank accounts, customers and property in the United States.
Can our owner or finance manager respond directly to the court?
No. A company must appear through a licensed attorney admitted in Delaware or working with Delaware counsel.
Do we have to travel to Delaware?
Usually not. Most preference cases are resolved through written exchanges and mediation, which can often be attended remotely.
Talk to a Forever 21 Preference Defense Attorney Before Your Deadline
Kasen Law Group defends U.S. and overseas vendors in preference cases directly in the Delaware Bankruptcy Court. We have resolved 75 preference and fraudulent transfer matters with an average claim reduction of 90.8%. We will confirm your exact answer deadline, check whether service on your company was proper, and calculate your defenses before you respond.
Call (856) 880-1010 or email Hello@BankruptcyAttorney.co for a free consultation. Learn more about our preference defense services.
Bankruptcy Attorney Co. is a trade name of Kasen Law Group, P.C. This article is general information about bankruptcy law and is not legal advice. Prior results do not guarantee a similar outcome. The deadline in a specific adversary proceeding is governed by the summons, any court order and the applicable rules, and should be confirmed with counsel. Jenny R. Kasen is admitted to practice before the United States Bankruptcy Courts for the District of Delaware, the District of New Jersey, the Eastern District of Pennsylvania, and the Southern District of Florida.