Legal Opinion
In Re John DeFrancesco & Sons, Inc.
United States Bankruptcy Court, D. Massachusetts
Decided January 9, 1990No. 19-10699PublishedCited by 10 opinions
1Opinion of the Court
Findings of Fact and Memorandum of Law: The need to comply strictly with the statutory requirements in establishing a trust under the Perishable Agricultural Commodities Act.
HAROLD LAVIEN, Bankruptcy Judge.
A seller of perishable agricultural commodities has moved for turnover against a Debtor by invoking 7 U.S.C. 499e(c), the Perishable Agricultural Commodities Act, which, under certain conditions would create a trust in certain proceeds. Because the movant has not complied specifically and exactly with the terms of the statute, it cannot enforce its rights to have such a trust formed.
The…
2Cases cited9 opinions
- Slodov v. United StatesSupreme Court of the United States · 1978
- Burlington Northern Railroad v. Oklahoma Tax CommissionSupreme Court of the United States · 1987
- In Re Fresh Approach, Inc.United States Bankruptcy Court, N.D. Texas · 1985
- In Re Davis Distributors, Inc. (Two Cases). Wilson Mushroom Company v. Davis Distributors, Inc. Sovran Bank, n.a.,defendants-appellants (Two Cases)Court of Appeals for the Fourth Circuit · 1988
- East Coast Potato Distributors v. Grant (In Re Super Spud, Inc.)United States Bankruptcy Court, M.D. Florida · 1987
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Idahoan Fresh v. Advantage ProduceCourt of Appeals for the Third Circuit · 1998
- Bronia, Inc. v. Seo Young HoDistrict Court, S.D. New York · 1995
- Idahoan Fresh v. Advantage Produce, Inc.Court of Appeals for the Third Circuit · 1998
- Matter of United Fruit and Produce Co., Inc.United States Bankruptcy Court, D. Connecticut · 1990
- A.J. Rinella & Co. v. Bartlett (In Re Bartlett)United States Bankruptcy Court, D. Massachusetts · 2007
5 more not listed; retrieve them via the Exa API.