February 1, 2018
Authored by: Mark Duedall and Leah Fiorenza McNeill
Happy 2018! We at The Bankruptcy Cave have been itching to write about the Cherry Growers Chapter 11 case – which really is ground-breaking – but the holidays, life, and yes, work for clients too, all just got in the way. But with each passing week, the case stayed on our minds. So now that time permits, here is the writeup – and see below for the remarkable significance of the case.
In re Cherry Growers (now reported at 576 B.R. 569, Bankr. W.D. Mich. 2017), is a garden-variety produce-related bankruptcy case. (Ha ha, “garden-variety” produce, get it?) The Debtor bought produce and sold it to others, in addition to conducting other food distribution activities. When the Debtor filed for bankruptcy, there was the typical push-and-pull between a lender secured by the Debtor’s inventory and a/r, and a supplier claiming a trust interest in those same assets, protected by the