
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: February 1, 2013

Partner
201-896-7095 jglucksman@sh-law.comA Colorado community has been surprised after its first organic, community-supported agricultural farm was forced to file for Chapter 7 bankruptcy protection under federal bankruptcy law.
Wellington, Colorado-based Grant Family Farms petitioned for Chapter 7 bankruptcy protection after operating in the community for 61 years. In a Chapter 7 bankruptcy, a trustee is appointed by the Office of the United States Trustee, essentially to collect and sell all property and assets that are not mortgaged or exempt. The proceeds are used to pay creditors.
The company listed a host of economic and environmental issues – including the drought of 2012 – as factors in its financial distress. Last year’s drought resulted in billions of dollars in losses for farmers throughout 80 percent of the Midwest and is considered to be the most extensive drought since the 1950s.
“Ineligibility for crop insurance coupled with millions of dollars in damage from hail storms and drought – not to mention a massive spinach recall – has left the farm in a financial situation that it’s been unable to overcome,” the company noted.
Grant Family Farms listed assets ranging between $500,001 and $1 million, while its liabilities totaled between $1 million and $10 million. Following its bankruptcy filing, the company was forced to lay off more than 50 employees.
Grant Family Farms, which operates on roughly 2,000 acres of land, said it is optimistic about the future, but cannot offer any specifics above its filing for bankruptcy. The owners said that they do not want to “churn the cogs in the rumor mill” by giving out expectations or plans.
Grant Family Farms provided produce and eggs to a number of grocery chains, including King Soopers and Whole Foods. Despite cash-flow issues in the past, many businesses associated with the farm said the filing took them by surprise.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!