An attorney representing farmers in a class-action lawsuit against Express Grain Terminal’s largest creditor says he has not revealed any confidential information in the company’s ongoing bankruptcy case, according to court documents filed Thursday.
The attorney, Don Barrett of Lexington, has been accused by UMB Bank of violating the bankruptcy court’s orders when he appeared on “The Gallo Show,” a radio talk show, on March 17.
In his interview, which is available on YouTube, Barrett discussed Express Grain’s bankruptcy case as well as the class-action lawsuit against UMB Bank.
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The lawsuit, filed by Island Farms LLC of Holly Springs, Porter Plant-ing Co. of Greenwood and Wyatt Farms Partnership of Tchula, alleges that the bank knew of the company’s failing financial condition and conspired to temporarily keep it afloat to secure the company and the grain delivered to it as collateral.
The bank has denied the allegations.
The bankruptcy court has set up a publicly inaccessible database for parties in Express Grain’s bankruptcy to upload discovery information and sensitive documents. A protective order is in place setting guidelines for who can access the information and how it can be shared.
UMB Bank alleges Barrett made numerous false allegations on the radio show and argues his reference to documents in the database violates the protective order.
It has asked the court to enforce the protective order with Barrett and asks him to justify his alleged violations.
In his response, Barrett confirms his appearance on the radio show but denies revealing any confidential information and said he referred to no specific document. He said none of UMB’s complaints show evidence of violating the court order and that he would never willfully or intentionally violate the order.
Attorneys for the bank and Express Grain are currently working to finalize a sale order to approve the bank’s $25 million bid for the company’s facilities in Greenwood, Sidon and Minter City.
- Contact Kevin Edwards at 662-581-7233 or kedwards@gwcommonwealth.com.
