In particular, the agricultural industry sector is highly susceptible to many external factors and changes that are beyond the control of any individual client but greatly impact their operations. These issues include weather-related concerns, market volatilities in commodity pricing and farm land valuations, and transportation price uncertainties. These and others may cause large swings in thea profitability of an agricultural operation.

With some of our former clients, we have seen problems arise when the agricultural lenders lack familiarity with the industry issues. Cattle cases have been one setting where issues of multiple liens and priorities of liens and claims can be extensive and complex. Chapter 12 bankruptcy has some unique and special provisions that attempt to address helping farmers emerge, get a fresh start, and reorganize their finances. Our attorneys and paralegals understand that farmers work from dawn to dusk, and around the weather, and we strive to be flexible and accommodating. Other issues we have seen include, but are not limited to:

  • Agricultural land leases
  • PACA and PASA liens and trusts
  • Land rights relating to farm subsidies
  • Distribution issues with farm products and subsidies
  • Dealing with trade organizations and governmental/regulatory agencies
  • USDA lending and guarantees through Farm Credit
  • Commodities trading

While the farming market has generally been strong recently, the continuing uncertainty on the local, regional, national, and global levels continues to provide unique issues for our agriculture-based clients.