|
|
|
|
|
|
| |
|
|
| |
$7.9M Claim Heads to Appeal 10/14 11:55
Bonding Companies Appeal Hansen-Mueller Chapter 11 Ruling on $7.9M Grain
Proceeds
Two surety companies appealed a bankruptcy court ruling denying their $7.9
million grain-proceeds claim in Hansen-Mueller's Chapter 11 bankruptcy case.
Todd Neeley
DTN Environmental Editor
LINCOLN, Neb. (DTN) -- Two bonding companies that lost their bid to claim
$7.9 million in grain proceeds in Hansen-Mueller Co.'s Chapter 11 bankruptcy
have filed an appeal with a federal court in Nebraska.
The U.S. Bankruptcy Court of Nebraska ruled at the end of September that
Harco National Insurance Company and International Fidelity Insurance Company
had no rights to proceeds, after the companies argued the proceeds should have
been used to reimburse bond payments to farmers.
The surety companies also made the case that the general indemnity agreement
with Hansen-Mueller created a trust fund for those proceeds.
The bonding companies filed a notice of appeal with the U.S. District Court
of Nebraska Tuesday.
Bankruptcy court decisions often are appealed to federal district courts, as
bankruptcy courts were established as units of district courts.
In the filing for an appeal, the surety companies opted not to have their
appeal heard by the Bankruptcy Appellate Panel. Appealing to the district court
essentially preserves their right to later appeal to a federal appeals court
and even the U.S. Supreme Court.
If the district court was to reverse the bankruptcy court's decision, it
could affect the amount of priority claims against Hansen-Mueller's assets and
could influence recoveries for other creditor groups.
The U.S. Bankruptcy Court of Nebraska also recently granted Hansen-Mueller's
request for an extension of the exclusivity deadline to file a Chapter 11 plan
with the court to Jan. 14, 2027.
Extending that deadline prevents creditors and other parties from filing
competing bankruptcy plans. It is not yet clear, however, when Hansen-Mueller
might file a Chapter 11 plan.
The bonding companies had argued that they stand in the place of farmers who
have outstanding claims in the bankruptcy case.
For Hansen-Mueller's financier BMO Bank, the bankruptcy court's ruling
against Harco National Insurance Company and International Fidelity Insurance
Company freed up about $3.9 million BMO held in a reserve account. BMO loaned
more than $50 million to the Omaha-based company.
Hansen-Mueller told the court in recent filings that it is making progress
toward reorganizing its debts or liquidation. In all, the company told the
court it had generated about $24.2 million from assets sales.
Read more on DTN:
"Hansen-Mueller Wins $7.9M Bond Fight,"
https://www.dtnpf.com/agriculture/web/ag/news/business-inputs/article/2026/09/29
/bankruptcy-court-bond-companies
Todd Neeley can be reached at todd.neeley@dtn.com
Follow him on social platform X @DTNeeley
(c) Copyright 2026 DTN, LLC. All rights reserved.
No other Daily email offers as much useful Ag information as DTN Snapshot – Sign up Free today!
|
|
|
|