“Family Farmer Relief Act of 2019” Raises the Aggregated Debt Limit For Chapter 12 Bankruptcies

Combine harvesting soybeans. Image is by United Soybean Board.

The article is not a substitute for legal advice.

            Congress has recently passed and the President has signed the Family Farmer Relief Act of 2019.  This change in the law will raise the aggregated debt limit with Chapter 12 bankruptcies for family farms to $10 million up from the $4,411,400.  This increase in the aggregated debt limits will allow for more family farmers to qualify for the Chapter 12 bankruptcy option.  

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Updated: Where Are My Syngenta Settlement Payments: Why Have Checks Not Been Issued Yet?

Harvesting corn in Maryland with combine dumping grain into truck. Image by the Chesapeake Bay Program.

            A number of you have asked when potential Syngenta settlement checks would be released to growers.  In late 2018, the settlement order was approved for the $1.51 billion MIR162 Syngenta settlement.  Based on the final order, payments to producers should have started going out in the second quarter of 2019.  At this time that has not happened, but recently the Settlement website has been updated to reflect to show that class members can expect to see class determinations will go out in July 2019 that will show their compensable recovery quantity.  Other producers who did not supply enough information, should have gotten notices of rejection in June 2019.  Payment timing is expected to be at the earliest February 2020.

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Where Are My Syngenta Settlement Payments: Why Have Checks Not Been Issued Yet?

A farmer harvests corn in Queen Anne’s County, Md. Photo by Will Parson/Chesapeake Bay Program

The article is not a substitute for legal advice.

            A number of you have asked when potential Syngenta settlement checks would be released to growers.  In late 2018, the settlement order was approved for the $1.51 billion MIR162 Syngenta settlement.  Based on the final order, payments to producers should have started going out in the second quarter of 2019.  At this time that has not happened due to a number of unresolved appeals which could impact the final settlement.  Till these issues are resolved or we have more information, Mid-Atlantic growers should remain patient.

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Eligible Corn Growers and Landlords Begin Filing Syngenta Settlement Claims in May

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Corn harvest with combine dumping onto grain cart.  Image  by United Soybean Board.

This post is not legal advice.

On April 10, 2018, a federal district court judge granted preliminary approval to the $1.51 billion MIR162 Syngenta settlement. This settlement, reached in September 2017 and officially announced in March 2018, would settle claims by U.S. farmers for Syngenta bringing Viptera and Duracade corn varieties to market before approval in China. This approval means corn growers region will begin to see formal notices hitting their mailboxes in May, and the claims process will begin. Corn growers and eligible landlords will be able to file claims electronically beginning May 11, 2018, at www.cornseedsettlement.com, or by calling 1-833-567-CORN(2676) to request a paper form. Corn growers and eligible landlords will need to file a claim by October 12, 2018. Continue reading

Syngenta Announces $1.51 Billion Dollar Settlement to MIR162 Class Action Suit

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Corn being harvest in a field by a combine.  Image is by the United Soybean Board.

The article is not a substitute for legal advice.

In September 2017, Syngenta agreed to settle claims brought by U.S. farmers for bringing Viptera and Duracade corn varieties to market before approval in China. On March 12, 2018, Syngenta formally announced that it would be settling all U.S. corn growers, grain handlers, and ethanol plant claims. This settlement, from media reports, will include all U.S. corn farmers including those who opted out of the original class action suit and those who grew Agrisure Duracade Corn and/or Agrisure Viptera corn varieties. The settlement will be for a period starting after September 15, 2013, and continue through the 2018 crop year. You are not required to retain an attorney to assist you in collecting on this settlement. Continue reading

Proposed Settlement of Claims Against Syngenta May Not Apply to Maryland and Delaware Corn Growers, But A Future Settlement Will Settle Claims Nationwide

 

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Grain silos with bare field.  Image by Jeannette E. Spaghetti via Flickr.com

 

Disclaimer:   Paul does not take any position on the claims asserted against Syngenta or on whether producers join in a  class action lawsuit against Syngenta.  This article is for informational purposes only.

On September 26, 2017, Syngenta agreed to settle claims brought by U.S. farmers for bringing Viptera and Duracade corn varieties to market before approval in China. News of the settlement came after weeks of a trial involving about 22,000 Minnesota corn growers seeking $400 million in damages, following a settlement in June where a jury awarded over 7,000 Kansas corn growers $218 million in damages. While terms of this late September settlement are currently unknown, reports are that Syngenta is seeking to establish a fund of around $1.5 billion to settle this ongoing litigation. These class action lawsuits currently involve corn growers who priced corn after November 18, 2013, and who did not purchase Viptera or Duracade corn varieties.
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