N.P. Deoudes, Inc. v. Snyder (In Re Snyder)

MEMORANDUM OF DECISION DENYING SUMMARY JUDGMENT TO PLAINTIFFS AND DISMISSING DISCHARGEABILITY COMPLAINT

FRANCIS G. CONRAD, Bankruptcy Judge. *

Plaintiffs’ Motion for Summary Judgment requires us to decide 1 whether the so-called “trust” impressed upon the assets of buyers of fruits and vegetables by § 499e of the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. § 499a-t, creates a fiduciary obligation that may be nondischargeable under § 523(a)(4) 2 of the Bankruptcy Code. We hold, for reasons that follow, that (1) Plaintiffs are not entitled to summary judgment even if PACA creates a…