Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Strawberry Fields For Sale

By Barry A. Chatz and Kevin H. Morse
December 01, 2018

On Oct. 3, 2018, the United States Bankruptcy Court for the Central District of California (Los Angeles) confirmed the Chapter 11 Liquidating Plan of Eclipse Berry Farms, LLC and its affiliated companies. Confirmation of the plan concluded a two-year journey from one of the largest strawberry growers in the country, with nearly $230,000,000 in annual revenue, to the cessation of operations and eventual liquidation.

An agricultural Chapter 11 case brings a unique set of circumstances generally not often prevalent in other Chapter 11 cases. Robert Marcus, an Illinois attorney specializing in food and agricultural matters, served as Chief Restructuring Officer of Eclipse and guided a team of professionals who transitioned more than 3,000 jobs, sold substantially all of Eclipse's assets, avoided a $22,000,000 secured lien, and produced more than $13,000,000 for the benefit of creditors in less one year after filing for bankruptcy.

The History of Eclipse

At its origins, Eclipse began with a 240-acre farming operation in Oxnard, CA, which over time expanded its farming operations into Salinas, CA (Monterey County) and Santa Maria, CA (Santa Barbara County). At its peak, Eclipse had a 2,500-plus acre farming operation and more than 3,000 employees working in offices and on farmland across its various leased farms and offices in Northern and Southern California. Eclipse did not own any of the real property on which it operated its farms or its offices, and was counterparty to more than 25 leases of real property.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.