Consignment: “I Sent Cards to a Consignment Shop and They Went Bankrupt.”

I sent 50 slabs to a major Instagram consignor. Two weeks later, news broke: they were insolvent, accounts frozen, owner missing. My cards were sitting in their locked warehouse, now controlled by a bankruptcy trustee. I called my insurance to get paid for the “loss.” They told me, “It’s not lost. We know where it is. It’s a civil legal matter.”

Key Takeaways

  • Theft vs. Conversion: If the consignor steals them and runs, it’s theft (covered). If they go bankrupt and assets are frozen, it’s a financial/legal dispute (often not covered).
  • “Entrustment” Exclusion: Many policies exclude loss when you voluntarily entrust items to others for sale.
  • Bailment Laws: Legally, your cards are not the consignor’s assets. You have to prove ownership to the court to get them back.
  • Specialty Coverage: Some top-tier policies (CIS, Wax) specifically cover “Consignment” and “Conversion” (theft by the person you trusted).

The “Why” (Possession)

You gave them the cards. It wasn’t a break-in.
“Exclusion: Dishonest or criminal acts by any person to whom you entrust the property for any purpose.”

The Investigation: Protecting the Shipment

I checked how to insure consignment risk.

1. Rely on Consignor’s Insurance

  • Risk: Extreme. If they stop paying premiums, their policy lapses. You are exposed.

2. Homeowners Policy

  • Result: Denied. Entrustment exclusion blocks this.

3. Specialty Policy with “Entrustment” Coverage

  • Result: Covered. They pay you the market value, then they use their lawyers to fight the bankruptcy court for the cards. This is worth every penny.

Comparison Table

ScenarioStandard CoverageSpecialty Entrustment Coverage
Consignor Warehouse FireCoveredCovered
Consignor RobbedCoveredCovered
Consignor Steals/BankruptDeniedCovered

Step-by-Step Action Plan

  1. UCC-1 Financing Statement: For very high value consignments ($50k+), file a UCC-1. This puts a public lien on your specific items, putting you ahead of other creditors in bankruptcy.
  2. Read the Contract: Does the consignment agreement say “We insure your items”? If not, don’t send them.
  3. Keep Your List: You need an exact list of serial numbers sent. Without it, you can’t claim your specific slabs from the pile.

FAQ

Can I go break into the warehouse to get them?
No. That is burglary. You will go to jail.

[IMAGE: Graphic showing the flow of cards to consignor -> Bankruptcy Court -> Insurance Payout]

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