A recent wave of key decisions has placed a spotlight on an issue that has divided courts for years. That is, whether unimpaired creditors are entitled to postpetition interest in solvent debtor cases and if so, the appropriate rate of interest that should apply. Since these issues were last...
Many retail organisations have gone through a significantly turbulent period, working hard to keep the lights on. For the last 12 to 18 months, they have been coping with supply chain issues, pricing optimisation after-effects, and systems producing information that still does not help them with...
The retail sector continues to experience rapid innovation and disruption, reflecting an ongoing transformation of consumer behavior and preferences that affects how and for what people shop. Pressure is continuing to mount for retailers heading into 2023—liquidity is falling as inventory and...
According to the U.S. Census Bureau, e-commerce sales (internet shopping and mail order) made up roughly 5.4% of retail sales in October 2000, excluding autos and gas stations. 1 That figure has risen steadily and is now close to 21% ( Figure 1 ). Since the dot-com bubble burst in 2000 and...
Retail reorganizations fail at an alarming rate. While nearly half of all large retail Chapter 11 cases that begin with aspirations of reorganizing ultimately liquidate, only a small fraction of mega cases in other industries end in a liquidation. As a result of the retail business model and...
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...
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...
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...
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;...
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...
