Agriculture

Farms, diaries, fishermen, processors and other agricultural businesses face special legal issues, including producer's liens, Perishable Agricultural Commodities Act (PACA) liens, food safety, transportation, perishable goods and other issues. In bankruptcy, certain farms and fishermen qualify for special treatment under Chapter 12 of the Bankruptcy Code, which requires particular skill and experience. We bring our practical and extensive experience to bear for agricultural clients.

In one example, we assisted a wine grape grower in recovering an immediate payment on account of produce delivered prior to the involuntary bankruptcy of the purchaser winery pursuant to a producer's lien. In another example, we represented a bank in successful negotiations involving producer's liens asserted against the receiver appointed over an almond reprocessing facility. In a third example, we represented a wine distributor in defeating an ex parte motion to appoint a receiver and then worked to limit the scope of the receivership and maximize the distributor's ability to continue to operate normally. In addition, we have successfully reorganized several farms and dairies under Chapter 12 of the Bankruptcy Code. Our offices in San Francisco and Modesto, California, provide a convenient place to meet and work with our agriculture clients, although we are more than willing to visit our clients in the field.

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