Considerations in  Financing Florida-Based Citrus  Enterprises
Since its beginnings as a niche tangerine and specialty citrus packer in 1927, the companies have grown through an effective balance of tradition and entrepreneurial spirit and are now managed by members of the third and fourth generations of the founding family. Based in Winter Haven, Florida, the...
Food Fight: A Clash of Conflicting Grain Statutory Schemes
I n re Express Grain Terminal, LLC 1 highlights clashes between Articles 2, 7, and 9 of the Uniform Commercial Code (UCC); clashes between the UCC and the federal Food Security Act (FSA); and clashes between Article 7 of the UCC and state laws regulating grain elevators. Express Grain Terminal LLC...
Working with Agricultural Enterprises: Understanding  the Lay of the Land
The essence of agriculture is converting energy from the sun into feed, food, fuel, and fiber. In a letter to George Washington, Thomas Jefferson described agriculture as “our wisest pursuit, because it will in the end contribute most to real wealth, good morals, and happiness.” Many agricultural...
Key Advantages of Chapter 12 Bankruptcy for Struggling Family Farmers
American family farmers and family fishermen 1 are not immune to the effects of the current condition of the general economy. A recent industry analysis indicates that the three most pressing concerns of respondents surveyed in September 2022 were: 1) higher input costs; 2) rising interest rates;...
Tough Row to Hoe Ahead for the Agriculture Industry
The American agricultural industry is considered the breadbasket of the world. The U.S. is the world’s largest exporter of cereal grains and can produce enough food to feed the U.S. population twice over. 1,2 Yet trouble is brewing in the industry. Global food prices reached an all-time high in...
The Effect of Cross-Border  Restructuring  Convergence on Future International Restructurings
With the outlook for the U.S. and world economies fading, 1 restructuring professionals may anticipate new innovations during the coming down cycle. One likely innovation will be an increasing number of cross-border restructurings using the growing flexibility of restructuring law abroad,...
To Release or Not to Release? Courts Remain Split on Release Provisions
Release provisions are a common feature of almost every Chapter 11 plan in large bankruptcy cases. Three categories of release provisions typically are included: (i) releases by the debtors of claims they may hold against a list of “released parties;” (ii) consensual releases by and among the non-...
Need for Operational Flexibility May Test Airlines’ Stakeholders in Restructurings
In the wake of the COVID-19 pandemic, the surviving airlines have accelerated cost-cutting efforts, curtailed capital expenditures, and reduced their fleets. Arguably, airlines are in a much stronger operational position to cope with volatile operating environments. However, the highly uncertain...
Strategic Considerations  for International Airlines Restructuring under Chapter 11
Since 2020, at least five multinational airlines have filed for Chapter 11 bankruptcy 1 protection before the U.S. Bankruptcy Court for the Southern District of New York. 2 These cases provide a lens through which airlines and restructuring professionals can view potential restructuring efforts and...
Aviation Chapter 11 Cases Take Flight
The COVID-19 pandemic hit the bottom line of many businesses. Among the hardest hit industries has been the travel industry and, in particular, airlines and aviation companies. After suffering a complete shutdown at the beginning stages of the pandemic, airlines struggled to generate ticket sales...