Legal Opinion
Paca Trust Creditors of Lenny Perry's Produce, Inc. v. Genecco Produce Inc.
Court of Appeals for the Second Circuit
Decided January 9, 2019No. Docket Nos. 17-1949-cv; 17-2051-cv; August Term, 2018PublishedCited by 12 opinions
1Opinion of the Court
Sack, Circuit Judge:
The plaintiffs and the defendants are creditors of debtor Lenny Perry's Produce, Inc. ("LPP"). Between 2005 and 2008, defendant Genecco Produce, Inc., ("GPI") and debtor LPP regularly sold produce to one another. Because the goods were perishable agricultural commodities, these transactions were governed by the federal Perishable Agricultural Commodities Act, 7 U.S.C. § 499 ("PACA").
Instead of paying each other after each transaction, GPI and LPP accumulated mutual debts intended to offset one another. By the end of 2008, those debts totaled $204,774.88, owed by GPI to…
2Cases cited13 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Fletcher v. Atex, Inc.Court of Appeals for the Second Circuit · 1995
- Fireman's Fund Insurance v. Great American InsuranceCourt of Appeals for the Second Circuit · 2016
- Garcia v. Yonkers School DistrictCourt of Appeals for the Second Circuit · 2009
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