Legal Opinion
In Re San Joaquin Food Service, Inc., Debtor. Bowlin & Son, Inc. v. San Joaquin Food Service, Inc.
Court of Appeals for the Ninth Circuit
Decided March 11, 1992No. 90-16433PublishedCited by 39 opinions
1Opinion of the Court
TANG, Circuit Judge:
Bowlin & Son, Inc., (“Bowlin”) appeals the decision of the bankruptcy appellate panel (“BAP”) affirming the bankruptcy court’s decision denying Bowlin’s motion for relief from automatic stay. Bowlin seeks to recover $238,000 from the debtor, San Joaquin Food Service, Inc., (“San Joaquin”) on the ground that this sum is held apart from the bankruptcy estate in a trust created by the federal Perishable Agricultural Commodities Act, 1930, as amended, (“PACA”) for the benefit of produce sellers such as Bowlin. The BAP concluded that Bowlin was not entitled to this sum because…
2Cases cited7 opinions
- In Re WL Bradley Co., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Debruyn Produce Co. v. Richmond Produce Co. (In Re Richmond Produce Co.)United States Bankruptcy Court, N.D. California · 1990
- C & E Enterprises, Inc. v. Milton Poulos, Inc. (In Re Milton Poulos, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
- Consolidated Marketing, Inc. v. Marvin Properties, Inc. (In re Marvin Properties, Inc.)Court of Appeals for the Ninth Circuit · 1988
- Western District Council of Lumber Production and Industrial Workers v. Louisiana Pacific Corporation, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Idahoan Fresh v. Advantage ProduceCourt of Appeals for the Third Circuit · 1998
- Royal Foods Co. v. RJR Holdings Inc.Court of Appeals for the Ninth Circuit · 2001
- Overton Distributors, Inc. v. Heritage BankCourt of Appeals for the Sixth Circuit · 2003
- C.H. Robinson Co. v. Alanco Corp.Court of Appeals for the Second Circuit · 2001
- Idahoan Fresh v. Advantage Produce, Inc.Court of Appeals for the Third Circuit · 1998
34 more not listed; retrieve them via the Exa API.