Published November 21, 2008 11:19 pm - Dozens of farmers around Waseca have learned that their contracts with bankrupt ethanol producer VeraSun will not be honored. Now they're looking for alternatives.
A bumper crop of bad contracts
VeraSun's bankruptcy voids corn sales
By Brian Ojanpa
Free Press Staff Writer
WASECA
—
Waseca County corn farmers coldcocked by an ethanol company bankruptcy filing met Friday to determine what they could do about it.
The upshot: not much.
“Farmers are really stuck between a rock and hard place,” said farmer and meeting co-organizer Warren Enevoldsen, who has about 70 percent of his crop under contract to be sold to VeraSun Energy.
But the South Dakota-based company announced earlier this month it had filed for Chapter 11 bankruptcy and days later informed farmers that their corn contracts wouldn’t be honored.
Waseca County Commissioner and affected farmer Dan Kuhns estimates about 75 percent of county farmers hold contracts with VeraSun, whose new plant outside Janesville never opened and sits idle.
“There are guys who stand to lose a lot of money,” said Kuhns of contracts calling for VeraSun payments ranging from $3.75 to more than $7 a bushel, depending upon when farmers locked in at prevailing commodity market rates.
Corn is now selling for $3 a bushel.
“I had two contracts for December delivery, but they were small and cheap,” Kuhns said.
By contrast, Waseca farmer Richard Guse said he has some $7.70 contracts with the company.
“If I were to re-market the corn today, I’m out $3.50 a bushel,” Guse said. “So the best thing to do is try to make the best of a bad situation.”
That was the goal of Friday’s gathering at Farmamerica near Waseca, which included a bankruptcy attorney and Iowa legislator and corn farmer Mark Kuhn.
Kuhn said he would seek to file an objection in a Delaware court (where VeraSun filed for bankruptcy) to VeraSun being allowed to give farmers a 10-day notice of contract nullifications.
The farmers are seeking a minimum notice of two months, thereby allowing them greater marketing flexibility for their corn.
Meantime, about 75 farmers face two unsavory options: Sell their crop now for about half the price of their VeraSun contracts, or sit on corn contracted for sale to the company months from now, not knowing if those contracts will still be valid.
Chapter 11 bankruptcy is designed to enable a company to right itself and reorganize. Guse is optimistic: “I figure the ethanol plant will be operating by June or July at the latest.”