There’s an article in the in-forum that says verasun is asking farmers to pay back 80% of what they got for selling their corn to the company. The people they are asking to pay the money back are the ones that sold 90 days before the company declared bankruptcy. On the surface something like this seems pretty stupid, but we don’t know what kind of deal the people that are being asked to repay the money worked out with the company. I would say it’s likely it was contracted corn…they “sold” a certain amount at the price the company had at the time but they don’t have to deliver the corn until a specific date. I can’t see how the company could get money back on corn they have already received, but I can see how they would try to wriggle out of paying for a delayed shipment type deal.
Either way, I think my response would be the same…
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SIOUX FALLS, S.D. (AP) — Farmers who sold corn to bankrupt ethanol producer VeraSun Energy Corp. have been receiving letters asking for repayment of funds due to “bankruptcy preference.”
The Iowa State University’s Center for Agricultural Law and Taxation says the letters are telling growers who sold corn to VeraSun in the 90 days before it filed for Chapter 11 bankruptcy protection that they have until Sept. 30 to repay 80 percent of what VeraSun paid them for their corn.
National and state corn growers associations are telling their members they might have defenses and they should consult with an attorney.
Sioux Falls-based VeraSun filed for bankruptcy in October 2009 after tightening credit markets erased its lifeline to weather the swings in corn and fuel prices.
Copyright 2010 The Associated Press.