U.S. Bankruptcy Judge Linda B. Riegle of Las Vegas has
entered a judgment for $14.87 million that will benefit
hundreds of farmers and other creditors in the AgriBioTech
Inc. (ABT) bankruptcy.
The judgment was entered
against former ABT Chairman and CEO Richard P. Budd of
Winston-Salem, NC, and ABT Group LLC, an entity Budd
established in 1999 to loan money to Henderson, NV-based
ABT.
ABT Creditor Trustee
Anthony Schnelling, the plaintiff in the case, was
successfully represented by attorney David Bryant in the
trial of the case in December. Bryant, a name partner in the
Texas-based law firm of Diamond McCarthy Taylor Finley
Bryant & Lee, LLP, handles major corporate, business, and
insolvency litigation.
The Court found that former
CEO Budd received a preferential loan repayment of more than
$10 million in June 1999, as ABT slid deeper into financial
trouble. Budd was paid in full, but ABT filed for bankruptcy
less than a year later, leaving hundreds of farmers in
Idaho, Washington and Oregon, as well as other creditors,
with more $60 million in unpaid debts.
ABT was a leading turf
grass seed and forage seed supplier before filing for
bankruptcy protection in January 2000, in one of the largest
agricultural bankruptcies in U.S. history. The Court
approved ABT's reorganization plan in 2001, appointing
nationally recognized turnaround expert Schnelling to pursue
claims for the benefit of creditors.
Litigation led by Diamond
McCarthy against ABT's officers, directors, professionals,
and consultants has resulted in aggregate settlements of
more than $18 million prior to today's ruling. Litigation
continues against ABT's auditors, KPMG, LLP.
"This is an important step
in the Trustee's tireless efforts to bring justice to
hard-working farmers and other creditors who were hurt by
ABT's bankruptcy," said Bryant. "We are very grateful that
the Court devoted tremendous energy and attention to this
case, and came to what we are confident is the right
conclusion based on the evidence."
With offices in Dallas,
Austin, and Houston, Diamond McCarthy Taylor Finley Bryant &
Lee, LLP is a boutique law firm specializing in major
business litigation and insolvency-related matters on a
regional and national basis. For more information, visit
http://www.diamondmccarthy.com .