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Court Appointed Receiver Keeps Renwood Winery Open After 100% Layoffs

The receiver for Renwood Winery, appointed by Judge Robert S. Bardwil of the U.S. Bankruptcy Court for the Eastern District of California, has reversed the layoffs that terminated all winery employees on Oct. 22.

“It’s business as usual at Renwood Winery,” said Winston Mar, an expert in struggling and distressed companies. “The company is fully intact with the winemaker, operations and sales staff continuing to service our customers.”

RWI is the only one of the three Renwood companies not already in bankruptcy. Renwood Group and Renwood Vineyard Properties filed for Chapter 11 protection in the fall of 2009. Renwood Group owns 95 percent of the Winery and 100 percent of Vineyard Properties. At the time of the bankruptcy filings, Robert Smerling was a director and officer of all three.

VIP Subscribers click here to read the complete, un-redacted article.

Also In This 1,200-Word Article:

  • “WIPE OUT EMAIL & LEAVE”

  • WINERY IN DEFAULT ON $15+ MILLION RABOBANK LOAN

  • TRUSTEE, RABOBANK ALLEGE CONFLICTS OF INTEREST, ACCOUNTING IRREGULARITIES

  • SMERLING TAKES PARTING SHOTS AT RABOBANK & HIS ATTORNEY

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EXTENSIVE DATACELLAR DOCUMENTS AVAILABLE FOR VIP SUBSCRIBERS

The following documents, filed by Rabobank as exhibits in support of the appointment of a receiver, can be obtained here by Wine Industry Insight VIP Premium Subscribers.

  1. Amended and Restated Revolving Credit and Term Loan Agreement, dated as of October 13, 2006, — Page(s) 3-53
  2. Rabobank International Amended and Restated Security Agreement, dated as of October 13, 2006 — Page(s) 54-58
  3. First Amendment to the Amended and Restated Revolving Credit Agreement, dated as of September 12,2007 — Page(s) 59-66
  4. Amended and Restated Revolving Note, dated September 12,2007 — Page(s) 67
  5. Amended and Restated Term Note, dated September 12,2007– Page(s) 68
  6. Second Amendment to the Amended and Restated Revolving Credit Agreement, dated as of September 30, 2008 — Page(s) 69-77
  7. Revolving Loan 2 Note, dated September 30,2008 — Page(s) 78
  8. Limited Forbearance Agreement, dated as of October 7,2009 — Page(s) 79-86
  9. Amended and Restated Limited Forbearance Agreement, dated as of December 30,2009 — Page(s) 87-100
  10. DCC Financing Statement, Filed January 15,2004 (and related filings) — Page(s) 101-108
  11. Power of Attorney, dated March 31, 2004 (etc.) — Page(s) 109-150
  12. Email from Robert 1. Smerling, dated October 20, 2010 — Page(s) 151
  13. Email from Robert 1. Smerling, dated October 24,2010 — Page(s) 152-153
  14. Fax from John McMahon to Robert Smerling, dated October 12,2010 — Page(s) 154-159

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PREVIOUS WINE INDUSTRY INSIGHT COVERAGE OF RENWOOD BANKRUPTCIES

Bankruptcy Trustee Sues Renwood Winery For $1 Million
The U. S. Bankruptcy Trustee appointed to oversee the Chapter 11 of the Renwood Group, Inc. (RGI) has filed two adversary proceedings against Renwood Winery to recover $995,000 in allegedly improper or fraudulent payments from RGI to the winery.
RGI, which filed for Chapter 11 bankruptcy protection on Oct. 9, 2009, owns 94.74 percent of Renwood […]October 20, 2010

Renwood Group, Lender Spar Over Canceled Trademarks, License Deals
While TLA and Renwood Group (the parent company of Renwood Winery and Renwood Vineyard Properties) have crossed swords for months over the production of documents by both sides, court documents indicate that TLA’s request for a court-appointed trustee grew most urgent when it says it suspected that all three Renwood companies “were engaging […] August 3, 2010

Bankruptcy Trustee To Examine Renwood Group Finances
Sacramento CPA David D. Flemmer has been approved by the U.S. Bankruptcy Court for the Eastern District of California as U.S. Trustee to oversee Renwood Group’s bankruptcy reorganization. In addition, Judge Robert S. Bardwil has also approved Flemmer’s request for a Rule 2005 examination. August 3, 2010

W.J. Deutsch-Renwood Legal War Worthy Of A Grisham Novel
EDITOR’S NOTE: This is one of Wine Industry Insight’s longer articles. But even at more than 2,300 words, it is impossible to do more than touch on some of the more prominent aspects of this very complicated litigation.
Because of this, we have included links to far more than the average number of full legal […] February 17, 2010

Bankruptcy Update – Diamond Oak, Renwood, Stevenot
[…] January 10, 2010

Renwood Winery Parent Companies File Chapter 11
Recession-induced changes in bank behavior — with bailed-out institutions lending less and paying big exec bonuses — have tripped up a prominent player in Amador County’s Zinfandel movement according to Robert I. Sterling, founder and Chairman of Renwood Winery Inc. whose two parent companies have filed Chapter 11 […] October 22, 2009

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Subscribe now, and get the rest of this original article along with everything else on the site every day, including original documents and source materials for just $9.99 per month or $115.88 per year. Click here for more details.