Sussman Shank LLP has been advising agribusiness clients for over fifty years. We offer clients access to a vast array of legal experience including business, tax, environmental, real estate, creditors' rights, sustainability, employment, and litigation. We work closely with our clients to provide advice and representation that will best fit their needs. Our clients include lenders, farmers, ranchers, growers, distributors, and suppliers. Many of our clients are family owned businesses that range from small family farms to large companies that are well recognized leaders in the Oregon and Washington agribusiness industry. As part of our agribusiness practice, we routinely handle matters in the following areas:
• Business entity formation and administration
• Business and family succession planning
• Credit and bankruptcy counseling
• Credit workouts and business reorganization
• Document drafting necessary to agribusiness operations
• Employment law
• Enforcement of creditors' rights in insolvency proceedings
• Enforcement of rights under the Perishable Agricultural Commodities Act
• Enforcement of statutory lien rights in favor of growers and producers
• Environmental issues in real estate transactions
• Environmental permitting, regulatory compliance, and litigation
• Finance and capitalization
• Lease and contract rights
• Litigation involving growers, producers, and distributors of agricultural products
• Mergers and acquisitions
• Real estate transactions
• Representation of farmers and ranchers as borrowers or creditors
• Representation of landlords of agricultural real property
• Sales and purchases of farm and business assets
• Trademark protection
• Water Law
Practice Area Chair(s)
Jeffrey C. Misley
Cases associated with this practice area
Ag and Grain Lien EnforcementAg and Grain Lien EnforcementPrepared and successfully enforced numerous multi-million dollar Agricultural Produce liens under Oregon Law against nonpaying purchasers of farm products and services.
Agribusiness DocumentationAgribusiness DocumentationPrepared and drafted numerous documents necessary to agribusiness clients, including grower agreements, distribution contracts, security agreements and leases of real and personal property.
Agribusiness LitigationAgribusiness LitigationRepresented agribusiness clients in litigation proceedings and collected payment in full from judgment debtors through the enforcement and the foreclosure of liens and security interests.
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Borrower Representation
Borrower Representation
Represented farmers and ranchers as borrowers in numerous successful workouts with lenders outside of bankruptcy court.
Chapter 11 Representation
Chapter 11 Representation
Assisted farmers and ranchers as borrowers and successfully restructured financial obligations under voluntary reorganizations of agribusiness operations under Chapter 11.
Defense of Avoidance Claims
Defense of Avoidance Claims
Successfully defended agribusiness clients in avoidance or preference litigation in federal bankruptcy courts across the country.
Fiduciary Representation
Fiduciary Representation
Represented trustees, court appointed receivers and creditors' committees in large agricultural cases and assisted in the disposition and recovery of estate assets which resulted in the distribution of significant funds to creditors. Currently represent federal court receiver in litigating and resolving over thirty ag and grain lien claims in pending receivership.
Mergers and Acquisitions
Mergers and Acquisitions
Successfully represented Oregon agribusiness clients in a multimillion dollar merger and acquisition transaction.
PACA Claims
PACA Claims
Successfully enforced the rights of growers and distributors of perishable fruits and vegetables and obtained recovery of all sums owed to agribusiness clients under the Perishable Agricultural Commodities Act or "PACA."
Post Judgment Collections
Post Judgment Collections
Pursued collection efforts against third party judgment debtors and collected a $250,000 judgment in full through the enforcement of post judgment collection and lien rights.
Real Property and Lease Issues
Real Property and Lease Issues
Represented landlords of agricultural real property in the enforcement of lease rights against non-paying tenants.
Sale of Assets
Sale of Assets
Represented sellers and buyers of agribusiness real and personal property assets both in and out of bankruptcy cases.
Secured Creditor Representation
Secured Creditor Representation
Represented lenders and secured creditors in numerous insolvency and bankruptcy proceedings involving agribusinesses in Oregon and Washington.
Supplier and Producer Representation
Supplier and Producer Representation
Represented unpaid suppliers of agricultural products in both state and federal court, and successfully recovered all sums owed despite the existence of competing liens in favor of third parties.
Workouts and Negotiations
Workouts and Negotiations
Negotiated and prepared numerous forbearance agreements that protected the rights of lenders and growers and resulted in payment in full of sums owed in excess of several million dollars.
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Attorneys practicing in this area
Kmetz, Heather A. -
Partner
Misley, Jeffrey C. -
Partner
Rowe, Patrick G. -
Partner
Tarr, Jeffrey S. -
Partner
Thomsen, LL.M., Dallas G. -
Attorney
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