Legal Opinion

In re Spiech Farms, LLC

United States Bankruptcy Court, W.D. Michigan

Decided July 3, 2019No. Case No. GK 17-05398-jtgPublishedCited by 15 opinions

1Opinion of the Court

From the beginning, nearly every aspect of the Debtor's case was disputed. At the forefront of these disputes was Produce Pay's contention that it was a beneficiary of a trust under the Perishable Agricultural Commodities Act, 7 U.S.C. § 499 et seq . ("PACA"). This court ultimately determined that because Produce Pay did not buy, sell and/or supply produce or otherwise succeed to the Debtor's rights in produce, it was not a PACA trust beneficiary. In re Spiech Farms, LLC , 592 B.R. 152 (Bankr. W.D. Mich. 2018).4 The Growers, too, claimed that they were beneficiaries of a PACA trust. When the…

2Cases cited28 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
  3. Taggart v. LorenzenSupreme Court of the United States · 2019
  4. Caplin v. Marine Midland Grace Trust Co. of New YorkSupreme Court of the United States · 1972
  5. Nicholas M. Patton v. Richard Bearden, Robert Bearden, and J.M. Bearden, Individually, and D/B/A Bearden Fish FarmsCourt of Appeals for the Sixth Circuit · 1993

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3Cited by15 opinions

  1. BMO Harris Bank N.A. v. KuskieDistrict Court, D. Minnesota · 2023
  2. Farinash v. Henry, Jr.United States Bankruptcy Court, E.D. Tennessee · 2022
  3. First Leads and Marketing, Inc.United States Bankruptcy Court, N.D. Georgia · 2023
  4. Grand Rapids E Cigarette, LLC v. Mitten Pizza, LLC & Ahlan Industries, Inc.; Grand Rapids E Cigarette, LLC v. Anthony Winters & Mitten Pizza, LLCUnited States Bankruptcy Court, W.D. Michigan · 2021
  5. Grand Rapids E Cigarette, LLC v. Mitten Pizza, LLC & Ahlan Industries, Inc.; Grand Rapids E Cigarette, LLC v. Anthony Winters & Mitten Pizza, LLCUnited States Bankruptcy Court, W.D. Michigan · 2021

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