The Rural Voice, 1987-03, Page 35NEWS
LAWYER ASSESSES
DEBT REVIEW BOARD
The appointment of guardians in
the review process by the Debt Review
Board is of some concem to Larry
Ryder, a Port Elgin lawyer who has
been working with local board panels.
Ryder told the Huron County
Federation of Agriculture at its last
meeting that in most cases the farmer
who applies is appointed his own
guardian. The bank, however, may
apply for a different guardian.
Should the board choose a bank
appointee, Ryder fears that banks could
get more information than they
normally would — about machinery
inventory, for example.
The guardian's duty is to maintain
the status quo, and he may have access
to a bank account to pay the necessary
bills. Accounts could effectively be
put in the banks' hands if cheques were
paid directly to the bank, Ryder says.
Ryder also notes that he has heard
of some panels saying they can't do
something that is against the policy of
the Farm Credit Corporation, such as
not writing down loans. This attitude
is wrong, Ryder says.
But he adds that his own exper-
ience with the panels has been good.
He is convinced that the board, under
George McLaughlin, is sincere.
"I think there's progress and that
the process is helpful."
According to debt -review regula-
tions, the farm is virtually under the
control of the board for 120 days.
Ryder called this "a cool -off period," a
time to forget animosities and to
assess the situation rationglty.
There is also an arpeal process
within the system, Ryder says. If a
farmer isn't happy with a panel, he can
call on the board. And don't give up if
no settlement can be reached, he urges.
There are examples of persistent far-
mers who have won despite the odds.
One of these is well-known farm
activist Allen Wilford. Because the
bank had written a poorly worded note,
Wilford was able to get his debt
written down by $300,000.
Another example is Case Vander -
ham's in Grey County. His fight
established that no creditor can simply
show up at a farm with a court order.
Now there must be sufficient time
between notification and action.OAV
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MARCH 1987 33