Gabriela and Brent Brasher are still waiting for answers from Express Grain Terminals.
The Leflore County-based company’s recent Chapter 11 bankruptcy continues to threaten the livelihood of farmers like them across the Delta who have grain contracts with the business.
“We probably have $320,000 worth that we don’t know if we’ll be paid for,” Gabrielle said. “We have some delivered but we think it’s after the filing date.”
Brent added, “We can pick that up. It’s after the filing date so it’s not protected by the bankruptcy. Others have talked about picking up, but I don’t know if they have.”
The farmers were told they would be charged for storage and a handling fee, according to the information Brent got at one of multiple public meetings regarding the situation.
“But we only have one load of grain from our personal crop. The company crop we’re going back to check on,” he said. “Supposedly, the bankruptcy judge is supposed to make some decisions on Thursday, somebody told me who is connected to the case, but not a lawyer.”
The Brashers are waiting to get news on the unfilled contract situation with Express Grain Terminals.
“At the meeting, they said they would be in touch with everybody last week and call us to let us know if they were going to accept or reject the contracts. We have not heard from them. The understanding is, if they call the contract in, the bankruptcy judge can hold us in contempt of court if you don’t deliver it. No farmer really wants to deliver until a lot of this puzzle is figured out. I’m not delivering any more grain to them.”
Brent Brasher explained Express Grain Terminals also must reach a certain level of yield though.
“The catch to all this is they said, ‘you won’t get your money until we fill 350,000 bushels on a railroad car.’ If they only get 175,000 bushels, your grain sits there forever. It’s not a good situation. I’m probably, next week, I might move my grain elsewhere and sue for damages between what I had a contract for and what I actually receive.”
Express Grain Terminal President John Coleman took The Enterprise-Tocsin’s call but offered to send an email with a statement.
It had not arrived by press time. The E-T also reached out via email to Coleman, but no response came by press time. Express Grain Terminal’s lawyer, Craig Geno, a bankruptcy lawyer based in Ridgeland, has not responded to multiple emails regarding the matter.
Brasher noted that Coleman had sent out some emails “One of them just a couple of days ago saying ‘don’t believe what you’re hearing on the street. All is fine and we’re fixing to come out of it.’”
The Brashers’ attorney noted that “There will be some developments on this case this week. There is a big question about acceptance or rejection of the executory contracts, those grain contracts. Hopefully, those are going to get worked out in the next 10 days.”
If you have information and would like to contribute to this continuing story, please contact Mark Stowers at writerstowers@gmail.com or call/text 248.298.9444.
