Answer Deadline for Forever 21 Preference Lawsuits and Adversary Proceedings

Quick Answer

If your company was sued by the Plan Administrator for F21 OpCo, LLC (Forever 21), your answer is due 30 days after the date the summons was issued, not 30 days after you received it. Because the summonses in these cases were issued recently, most Forever 21 answer deadlines fall in early to mid November 2026. A vendor that misses its deadline risks a default judgment for the full amount demanded, plus interest and costs, and the loss of every defense it could have raised.

Who Is Being Sued and Where

Steven Balasiano of MHR Advisory Group, LLC, as Plan Administrator for F21 OpCo, LLC, has filed more than 130 preference lawsuits against Forever 21 vendors in the U.S. Bankruptcy Court for the District of Delaware. Each case is an adversary proceeding in the main Forever 21 bankruptcy, In re F21 OpCo, LLC, Case No. 25-10469 (MFW), before Judge Mary F. Walrath.

The defendants include apparel and accessory suppliers, logistics and trucking companies, marketing agencies, technology providers and overseas factories. The complaints seek to recover payments Forever 21 made between December 16, 2024 and March 16, 2025. If your company is on the full list of Forever 21 preference defendants, your deadline is already running.

How the 30-Day Answer Deadline Works

Federal Rule of Bankruptcy Procedure 7012(a) requires a defendant to serve an answer within 30 days after the summons was issued, unless the court sets a different time. This is different from ordinary federal lawsuits, where the clock usually starts when the defendant is served.

The practical effect is that you never get a full 30 days. The plaintiff has up to 7 days after the summons is issued to mail it, and the mail then takes several more days to reach you. By the time the complaint lands on your desk, a week or more of your 30 days may already be gone.

Three more rules matter when you count:

1. Mail does not add time. The extra 3 days that apply to some deadlines after service by mail do not extend this one, because the clock runs from issuance, not service.
2. Weekends and holidays roll forward. If day 30 falls on a Saturday, Sunday or federal holiday, the deadline moves to the next business day.
3. The date on the summons controls. The date you received the package, the date your accounting team opened it and the date you forwarded it to a lawyer do not change the deadline.

Sample Forever 21 Answer Deadlines

The examples below show how the count works for summonses issued in early to mid October 2026. Your own deadline depends on the issue date printed on your summons.

Federal holidays also move the deadline. Veterans Day, Wednesday, November 11, 2026, is a court holiday, so a deadline that lands on that day moves to Thursday, November 12, 2026. Never count on a holiday to buy time; confirm the exact date with counsel.

Where to Find the Issue Date on Your Summons

The summons is usually the first page of the package, titled “Summons and Notice of Pretrial Conference in an Adversary Proceeding.” Look for the clerk’s date of issuance near the signature block or the court seal. The adversary proceeding number, which begins with 26-50, appears in the caption at the top.

If you cannot find the summons, or you received only the complaint, a Delaware bankruptcy attorney can pull the summons and its issue date from the court docket the same day.

What Counts as a Response to a Forever 21 Complaint

Only a filing made through a lawyer in the case protects you. The main options are:

1. An answer. The answer responds to each allegation in the complaint and asserts your defenses, such as subsequent new value and ordinary course of business. In Delaware, Local Rule 7012-1 also requires the answer to state whether you consent to the bankruptcy court entering final orders or judgment. Leaving that statement out waives your right to contest the court’s authority.
2. A motion to dismiss. A complaint that is vague or fails to plead the required elements may be challenged by motion instead of an answer. Filing the motion suspends the answer deadline until the court rules.
3. A stipulated extension. Plaintiff’s counsel often agrees to extend the response deadline, but the agreement must be reached and documented before the deadline passes. An informal phone call that no one confirms in writing does not protect you.

Two things are not a response. A letter or email from your owner, CFO or credit manager to the judge or to plaintiff’s counsel is not an answer. Paying part of the demand does not stop the lawsuit either. A corporation or LLC must appear in federal court through a licensed attorney, and a corporate defendant must also file a corporate ownership statement with its first appearance.

What Happens If You Miss the Answer Deadline

Missing the deadline does not make the case go away. It makes the case much more expensive. The consequences usually unfold in this order:

1. Entry of default. The plaintiff asks the clerk to enter your company’s default. Once default is entered, the allegations in the complaint are treated as admitted.
2. Default judgment for the full amount. The plaintiff then asks the court for a money judgment for every dollar listed on Exhibit A, plus interest and court costs. The court does not reduce the number for defenses you never raised.
3. Loss of your defenses. New value, ordinary course and contemporaneous exchange defenses are the reason most preference claims settle for a fraction of the demand. A defaulted defendant has given those up.
4. Loss of your proof of claim. The complaints ask the court to disallow any claim your company filed against Forever 21 under 11 U.S.C. § 502(d) until the judgment is paid.
5. Collection of the judgment. A judgment from the Delaware Bankruptcy Court can be registered in other federal districts and enforced through bank account levies, garnishment of money your customers owe you, and post-judgment discovery into your company’s assets.

A default can sometimes be set aside, but your company must file a motion, show good cause and show that it has a meritorious defense. That motion costs money, the result is never certain, and the plaintiff knows it has the upper hand while the motion is pending. Responding on time is always cheaper than undoing a default.

Why Waiting Until the Last Week Costs You Money

The best results in preference cases come from presenting documented defenses early. When defense counsel has time to calculate new value from ship dates and build an ordinary course analysis from two years of payment history, plaintiff’s counsel often agrees to reduce the claim before an answer is ever filed.

A vendor that calls a lawyer two days before the deadline usually has to file a bare-bones answer or request an extension from a position of weakness. Kasen Law Group has resolved 75 preference and fraudulent transfer matters with an average claim reduction of 90.8%, and the strongest of those results started with early action.

What to Do This Week

1. Find the summons and write down the issue date and your adversary proceeding number.
2. Count 30 days from the issue date, rolling forward past any weekend or holiday, and put that date on your calendar.
3. Send the summons, complaint and Exhibit A to a Delaware bankruptcy attorney.
4. Gather your Forever 21 invoices, payment records and shipping or delivery records for the two years before March 16, 2025.
5. Preserve emails and messages with Forever 21’s buyers and accounts payable team from late 2024 and early 2025.
6. Do not pay the demand, sign a settlement or send records to plaintiff’s counsel until your defenses have been reviewed.

Overseas suppliers face additional issues with mail delays and service of process. See our guide for foreign suppliers sued in the Forever 21 bankruptcy.

Frequently Asked Questions

When is my Forever 21 preference lawsuit answer due?
Your answer is due 30 days after the date the summons was issued. Because the Forever 21 summonses were issued recently, most answer deadlines fall in early to mid November 2026.

Does the 30 days start when I received the complaint?
No. Under Bankruptcy Rule 7012(a), the 30 days start on the date the clerk issued the summons. The date you received it in the mail does not matter.

What if the 30th day falls on a weekend or holiday?
The deadline moves to the next business day. A deadline falling on Saturday, November 14, 2026, moves to Monday, November 16, 2026.

Can I get more time to answer the Forever 21 complaint?
Often, yes. Plaintiff’s counsel frequently agrees to an extension if asked early, but the extension must be confirmed before your deadline passes.

What happens if I do not answer the Forever 21 complaint?
The Plan Administrator can obtain a default judgment for the full amount demanded, plus interest and costs. Your company also loses its defenses and any proof of claim it filed can be disallowed.

Can my company respond without a lawyer?
No. A corporation or LLC must appear in federal court through a licensed attorney. A letter from an officer or employee is not an answer.

Can I settle before the answer deadline?
Yes. Many Forever 21 cases can be resolved during the response period once your defenses are documented and presented to plaintiff’s counsel.

Speak With a Delaware Bankruptcy Attorney Before Your Deadline

Our Wilmington office defends Forever 21 vendors directly in the Delaware Bankruptcy Court, with no separate local counsel needed. We will confirm your exact answer deadline, review your complaint and Exhibit A, calculate your defenses and protect your company from default.

Call (302) 214-0777 for a free consultation. Our office is at 1213 N. King Street, Suite 2, Wilmington, DE 19801. Learn more about our preference litigation practice.

Delaware Bankruptcy Attorney is a trade name of Kasen Law Group, P.C. This article is general information 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.