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More Farmers Declare Bankruptcy Despite Record Levels of Federal Aid

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More U.S. farmers are filing for bankruptcy, as federal payments projected to reach record levels this year fall short of compensating for the coronavirus pandemic and a yearslong slump in the agricultural economy, the Wall Street Journal reported. About 580 farmers filed for chapter 12 bankruptcy protection in the 12-month period ended June 30, according to federal data. That was 8 percent more than a year earlier, though bankruptcies slowed slightly in the first half of 2020 partly because of an infusion of federal aid and hurdles to filing during the pandemic, according to agricultural economists and attorneys. The pandemic has pressured prices for many commodities, squeezing farmers who raise crops and livestock, and prolonging a six-year downturn in the Farm Belt. The Trump administration is expected to dole out a record $33 billion in payments to farmers this year, according to the University of Missouri’s Food and Agricultural Policy Research Institute. The funds, including those intended to help farmers hurt by trade conflicts and the coronavirus, would push government payments to 36 percent of farm income, the highest share in nearly two decades, the institute said. “Agricultural markets have been horrible, and the pandemic exacerbated it, big time,” said Paul Swanson, an Oshkosh, Wis.-based attorney. He said he has 40 open farm-bankruptcy cases, about a third more than last year. Before the pandemic, a global grain glut and foreign competition had pushed down agricultural prices. Trade disputes deepened the pain, drawing retaliatory tariffs from top buyers of U.S. farm commodities, such as China and Mexico. Then the coronavirus hit, upending the U.S. food-supply chain. As restaurants closed, farmers plowed under thousands of acres of vegetables and dumped milk into manure lagoons. Corn prices plummeted as Americans stopped driving, cutting demand for ethanol, a corn-based biofuel blended into gasoline. Prices for slaughter-ready cattle and hogs dropped as meatpacking plants that became virus hot spots slowed or halted production. Hog farmers have lost nearly $5 billion in actual and potential profits for 2020, according to the National Pork Producers Council, a trade group. In California, agricultural businesses stand to lose as much as $8.6 billion, according to a study commissioned by the California Farm Bureau Federation.

Coronavirus Hits Nation’s Key Apple, Cherry Farms

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A surge in coronavirus cases in one of the country’s top regions for apples and sweet cherries is challenging agricultural operations already limited by rules aimed at preventing such outbreaks, underscoring the difficulty of keeping farmworkers safe, the Wall Street Journal reported. Recent emergency regulations issued by Washington state to curb outbreaks of coronavirus among farmworkers living in temporary housing are slowing fieldwork in Yakima Valley, but the virus is still spreading, according to agricultural employers and the Yakima Health District. On farms that produce $1 billion of apples, sweet cherries and other crops each year, employers are hiring fewer guest workers and delaying their arrival. COVID-19 cases have surged in Yakima County. The county is nine times smaller in population than King County, home of Seattle, but it only has 30 percent fewer cases than its neighbor, with 7,349 coronavirus cases as of June 30. Roughly one-fifth of the cases in Yakima are among agricultural workers, according to the Yakima Health District. In April, cases involving agricultural workers appeared in Yakima’s large fruit warehouses, where hundreds of people pack apples and other produce into boxes. Recently, the virus has spread through employer-provided housing, the health district said. Tens of thousands of seasonal workers from elsewhere in the U.S. and countries like Mexico live in dormitory-style housing, converted motels and military-style tents during Washington’s harvest season. The difficulty of keeping workers healthy in Yakima indicates how hard it has become to safeguard agriculture’s workforce, intensifying questions about how best to prevent outbreaks in labor-intensive workplaces. Growing outbreaks among farmworkers nationwide come as most employers are looking to reduce the threat of outbreaks among their workers and the coronavirus continues to sicken workers at U.S. meatpacking plants.

Farm Bankruptcies on the Rise Amid COVID-19 Pandemic

Submitted by jhartgen@abi.org on

Year-to-year farm bankruptcies increased 23 percent, according to recently released data from U.S. Courts, according to an American Farm Bureau Federation Market Intel report. The data shows a total of 627 filings during the 12-month period ending March 2020, marking five consecutive years of chapter 12 bankruptcy increases, including an accelerated rate since January. Wisconsin was the hardest hit with 78 filings in the 12-month period, followed by Nebraska with 41 chapter 12 filings and Iowa at 37. More than 50 percent of the chapter 12 filings were in the 13-state Midwest region, followed by 19 percent in the Southeast.

U.S. Antitrust Officials Allow Dairy Cooperative to Purchase Dean Foods Plants

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Justice Department antitrust authorities cleared the way for Dairy Farmers of America Inc. to buy the bulk of Dean Foods Co.’s milk plants out of bankruptcy, uniting the nation’s largest dairy cooperative by membership with the biggest milk processor, the Wall Street Journal reported. The Justice Department said on Friday that it would approve DFA’s $433 million purchase offer, subject to certain conditions, against the backdrop of “unprecedented challenges in the dairy industry” and Dean’s potential liquidation in the event the proposed deal fell through. “The department conducted a fast but comprehensive investigation, and our actions today preserve competition for fluid milk processing,” Assistant Attorney General Makan Delrahim said. As a condition of the deal, the Justice Department required the divestiture of three Dean plants in Illinois, Wisconsin and Massachusetts to remedy potential competitive harm. Dean filed for bankruptcy in November and was followed into chapter 11 in January by another large fluid-milk processor, Borden Dairy Co., as falling milk consumption puts intensifying pressure on the highly regulated industry. Dean, the top U.S. milk processor by sales, had struggled for years with slumping demand as consumers gravitated to other beverages, including milk alternatives made from soy and oats.

Borden Dairy Floats Merger With Bankrupt Milk Processor Dean Foods

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Borden Dairy Co. and Dean Foods Co. bondholders want to merge the two bankrupt dairy companies, proposing an alternative to Dean’s pending merger with a major U.S. dairy cooperative, WSJ Pro Bankruptcy reported. Dean, the top U.S. milk processor by sales, is racing to ease antitrust concerns around its proposed tie-up with cooperative Dairy Farmers of America Inc. and to close their $433 million merger. The Wall Street Journal reported Monday that Justice Department antitrust officials were nearing a settlement with DFA that would let the acquisition move forward. The Borden bid, put forth in Dean’s court-supervised bankruptcy on Thursday, is positioned as an alternative transaction in the event the DFA deal is rejected. DFA won court approval earlier this month to buy the bulk of Dean’s assets out of bankruptcy, subject to clearance from the Justice Department. Antitrust authorities have been examining for months the potential effect of the combination on the price of milk and on competition in the dairy industry. In court papers filed in the U.S. Bankruptcy Court in Houston, Borden said its proposed merger with Dean would “avoid the antitrust concerns” surrounding the DFA merger.

More Wisconsin Farmers Filing for Bankruptcy

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Wisconsin farm bankruptcies are on the rise as the effect of coronavirus on the economy pushes already weakened businesses over the edge, the Milwaukee Journal Sentinel reported. Since Jan. 1, court records show, 36 farmers have filed for chapter 12. By comparison, there were 57 chapter 12 filings in Wisconsin in all of 2019. In the last few years, thousands of dairy farmers have lost money as they've milked cows in an oversupplied market that's depressed prices. Lately, the industry has been devastated by coronavirus shutdowns. About one-third of the state’s dairy products, mostly cheese, is sold in the food-service trade that's seen sales nosedive from the shutdown of restaurants, schools, sporting events, festivals and other markets for dairy products. And it's not just dairy feeling the pain. Corn producers have experienced it through the closure of ethanol plants as demand for the fuel additive has dried up with less consumption of gasoline. Livestock farmers have felt it through trade wars and coronavirus disruptions of export markets. Last fall, Congress more than doubled the allowed debt cap for a chapter 12 filing to make more farmers eligible. Legislators said the higher cap, now set at $10 million, reflects increased land values and bigger farms. "One of the reasons we may see an uptick in chapter 12 filings is it's sometimes easier to get financing approved when a farm is in bankruptcy than when it's not. Outside of bankruptcy, there's usually a lien there, sometimes more than one. In bankruptcy, you can get a court order saying that the crop lender is in first place," said bankruptcy attorney David Krekeler.

Smithfield Shutting U.S. Pork Plant Indefinitely, Warns of Meat Shortages During Pandemic

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Smithfield Foods, the world’s biggest pork processor, said yesterday that it will shut a U.S. plant indefinitely due to a rash of coronavirus cases among employees and warned the country was moving “perilously close to the edge” in supplies for grocers, Reuters reported. Slaughterhouse shutdowns are disrupting the U.S. food supply chain, crimping availability of meat at retail stores and leaving farmers without outlets for their livestock. Smithfield extended the closure of its Sioux Falls, South Dakota, plant after initially saying it would idle temporarily for cleaning. The facility is one of the nation’s largest pork processing facilities, representing 4 percent to 5 percent of U.S. pork production, according to the company. South Dakota Governor Kristi Noem said on Saturday that 238 Smithfield employees had active cases of the new coronavirus, accounting for 55 percent of the state’s total. Noem and the mayor of Sioux Falls had recommended the company shut the plant, which has about 3,700 workers, for at least two weeks.

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PwC: Retail M&A Deals Fell 19 Percent in 2019

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ABI Bankruptcy Brief


January 30, 2020

 
ABI Bankruptcy Brief
 
 
 
 
NEWS AND ANALYSIS

PwC: Retail M&A Deals Fell 19 Percent in 2019



A new report from PricewaterhouseCoopers found that retail's merger and acquisition deal volume fell 19 percent between 2019 and 2018, with 465 total deals last year, RetailDive.com reported. In dollar terms, the report found that the total value of deals in 2019 fell 28 percent, to $27.8 billion, compared to the prior year. PwC attributed the "dwindling M&A activity" for the year overall in retail on a host of factors, including e-commerce disruption, growing competition from resale and rental, difficulties in keeping physical retail relevant, the challenges in managing inventory and merchandise flow, rising labor costs and trade disputes. And the already relatively sluggish deal pace in 2019 would have yet been lower if not for the fourth quarter, which saw a spike in M&A activity and accounted for 67 percent of retail investments for the year, according to PwC. Q4 hit the highest number in quarterly value since Q2 of 2018, PwC said. The average deal size also got a 220% boost in the back half of the year from the Tiffany-LVMH "megadeal." At $16.2 billion, that deal accounted for 58 percent of all retail deals in 2019.

Opinion: Borden Dairy’s Bankruptcy and the Continued Decline of the Milk Industry



Borden Dairy Co. filed this month for bankruptcy protection, but it’s not the first big milk producer to take this step in the past year: Dean Foods Co. filed for bankruptcy in November. This is sad news, but it is also an opportune time to consider the little-appreciated ways that capitalist enterprise and government regulation went hand-in-hand to create the modern milk business that Borden, founded in 1857, once represented. Gail Borden patented a method for condensing milk using a vacuum process, but his company originally struggled. Borden’s fortunes changed on a single order during the Civil War of 500 pounds of condensed milk, which led to many more. In the late 19th century, most city-dwellers continued to buy conventional milk, not the safer condensed stuff, and infant mortality rates remained at eye-popping levels. Only when the state and city governments began cracking down on unhealthy dairies and other abuses did things begin to change. Large vertically integrated companies like Borden, which had already instituted rigorous quality-control programs, could readily meet the new regulations in a way that smaller, independent dairies and distributors could not. As milk became safer and cheaper, it became the drink of choice. When combined with a host of other government initiatives — New Deal subsidies and price supports, school-lunch programs and others — big milk became further entrenched in the nation’s diet. But then, beginning in the 1970s, milk consumption began the slow, steady decline that helped fuel the Borden bankruptcy. The conventional explanation is that Americans started consuming other drinks: fruit juices, for example, and eventually, milk substitutes. Regulation may have played a role here, too. The federal government introduced food labeling in 1973, and a growing number of products eventually were forced to confess their amounts of healthy and unhealthy contents. Guidelines established in 1977 targeted a few villains, foremost among them fat. The milk industry’s pride of place in the nation’s diet is a function of regulation. But so, too, may be its long, inexorable decline.



Big Credit-Reporting Changes Sought in Bill Passed by U.S. House



Credit-reporting companies would have to remove negative data more quickly and give consumers more tools to dispute information they believe is inaccurate under a package of bills passed by U.S. lawmakers yesterday, Bloomberg News reported. The legislation, which cleared the Democrat-controlled House on a 221-189 vote, calls for major changes in business practices by Equifax Inc., Experian Plc, TransUnion and rival firms. It would also expand the Consumer Financial Protection Bureau’s power to validate credit scores and prohibit certain practices used to calculate them. Rep. Maxine Waters (D-Calif.), who chairs the House Financial Services Committee, has made reform of credit-reporting companies a priority as part of a broader effort to improve credit access for minority and lower-income consumers. The legislation faces long odds of passage by the Republican-controlled Senate, where some majority lawmakers say that the government shouldn’t get involved in managing a private-sector process. The credit-scoring companies came under public scorn and lawmakers’ scrutiny after a massive data breach at Equifax in 2017 compromised the personal data of almost half the U.S. population. The company agreed last year to pay as much as $700 million to resolve federal and state investigations into the cyberattack.



Fraudulent Social Security Calls Now No. 1 Phone Scam, According to Senate Report



An annual report from the Senate Aging Committee released yesterday found that Social Security impersonation calls are now the nation’s most-reported phone scam, The Hill reported. Fraudulent IRS calls were also the most prevalent scam reported in the previous five years. The typical scam involves a robocall from someone impersonating the Social Security Administration (SSA) and asking for the recipient’s personal information. The calls resulted in scammers bilking Americans, mostly seniors, for $38 million last year, according to the Senate report, citing the Federal Trade Commission. SSA Commissioner Andrew Saul and Inspector General Gail Ennis, both confirmed in 2019, told members of the Senate Special Committee on Aging at a hearing Wednesday that they have made combating the scams a top priority. “The magnitude of this problem caught us off guard,” Saul said. “Americans trust our agencies, and we do not allow swindlemen to erode that trust.” Saul stressed that educating Americans about which calls are suspicious is the best way to tackle the problem. He said that now when anyone visits the agency’s website, they’ll see a banner linking to tips on how to avoid the scam. The SSA and Office of the Inspector General partnered to create an online reporting forum so they can investigate and stop the scammers. They said they have received more than 115,000 reports of fraudulent calls since the forum went live in mid-November.



Worried Reporters Make a Plea: Please Buy Our Paper



As hedge funds take on a greater role in newspaper chains, journalists at the Chicago Tribune and elsewhere are sending out an S.O.S., the New York Times reported. After having bought up roughly 32 percent of Tribune Publishing in recent years, Alden Global Capital is the company’s largest shareholder. It can buy more Tribune Publishing stock as soon as July. This month, the company asked journalists at newspapers across the country to volunteer for buyouts. In response, some Chicago Tribune journalists are undertaking efforts to have wealthy Chicagoans purchase the company away from its private-equity owners. Overall, journalists are wary of Alden because of its cut-to-the-bone management strategy. In 2018, a group of writers and editors at the Alden-owned Denver Post published a special package devoted to attacking the company, which had enacted deep staff cuts at the paper. It is certainly not news that the newspaper business is in trouble. Its onetime profit center, print advertising, has declined sharply as readers increasingly prefer to get the news on screens. The finance industry, looking at newspapers as distressed assets with hidden value, has swooped in, scooping up struggling publications, cutting their staffs and wringing them for profits. Journalists in other cities have made moves to protect their jobs — by working to form unions, seeking out new ownership or putting a spotlight on private-equity's actions in their newsrooms.



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