You have to sue for fraud, not breach of contract or negligence. This is so you can obtain a judgement that will survive bankruptcy.
But aren't they broke?
What a horrible situation. There were about 10 of us here in AB / SK that were going to sue a broker a few years ago. Took in loads of barley to pay for previously loads of barley and eventually just declared bankruptcy. Some of us were out 2 up to 15 btrains of barley - delivered but not paid for. While we certainly could sue - and it was going to be very expensive, you can't get blood from a stone. Couldn't personally sue the dude either even though he owned major property in BC. In the end no one got anything. Lawyers fees on top of it all wouldn't help anyone but the lawyers.
But if PAG still has lots of money somewhere......
Sounds like hes buying time...Well,,some news, the owner Harold phoned me yesterday,said he's working" on still selling the assest to pay back us farmers" that trusted him with our prepay.....he said" he could declare bankruptcy but didn't want to do that" ..he wanted to sell and pay us back..he also told me" to go and buy more fert for this year"...What a kick in the teeth !!!!
Just what i was told.....and we wait. . . . . . . . . . . . . . . . . . . . . . . . WTF