Introducing ATLASLearn more
Legal Opinion

In re Superior Tomato-Avocado, Ltd.

United States Bankruptcy Court, W.D. Texas

Decided September 24, 2012No. 12-50074PublishedCited by 7 opinions

1Opinion of the Court

Memorandum Decision And Order on Objection to PACA Trust Claim

LEIF M. CLARK, Bankruptcy Judge.

Background

This is a dispute over the allowance of a claim filed pursuant to the Perishable Agricultural Commodities Act (PACA).1 *868There is no dispute that the creditor is owed money. The dispute focuses on whether the creditor’s claim qualifies for priority of treatment by virtue of its claimed status as a “trust claim” under PACA. The debtor’s special PACA counsel objected to the claim on grounds that the filing did not comply with the requirements of PACA, so that it did not qualify for priority of…

2Cases cited20 opinions

  1. Kelly v. RobinsonSupreme Court of the United States · 1986
  2. United States v. CaceresSupreme Court of the United States · 1979
  3. Bulova Watch Co. v. United StatesSupreme Court of the United States · 1961
  4. In Re Fresh Approach, Inc.United States Bankruptcy Court, N.D. Texas · 1985
  5. Clarke v. RogersSupreme Court of the United States · 1913

15 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Alliance Shippers, Inc. v. Guarracino (In re Guarracino)United States Bankruptcy Court, D. New Jersey · 2017
  2. Kingdom Fresh Produce v. Bexar County (In re Delta Produce, LP)United States Bankruptcy Court, W.D. Texas · 2014
  3. Alliance Shippers, Inc. v. Choez (In re Choez)United States Bankruptcy Court, E.D. New York · 2018
  4. Evergreen Farms & Produce, LLC v. Abl Farms, Inc.District Court, N.D. Georgia · 2019
  5. In re Wayne Bailey, Inc.United States Bankruptcy Court, E.D. North Carolina · 2018

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API