Legal Opinion

Consolidated Marketing, Inc. v. Marvin Properties, Inc. (In Re Marvin Properties, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 17, 1987No. BAP NC-87-1149-MeAsEPublishedCited by 15 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

This case involves the issue of whether a creditor fulfilled the requirements of the Perishable Agricultural Commodities Act (“PACA”) to preserve the benefits of a statutory trust. The Bankruptcy Court found that where the written notice required by PACA is not given, the buyer’s receipt of actual notice does not save the trust. We AFFIRM the decision of the Bankruptcy Court.

II

BACKGROUND

The Debtor was in the business of processing agricultural products into frozen foods. Between December 20, 1985 and February 4, 1986, Consolidated Marketing, Inc.…

2Cases cited8 opinions

Portsmouth Square, Inc. v. Shareholders Protective Committee Palmer York, Jr. George E. Croke Eugene J. Marty Rose Leah Jones Kenneth R. ScottCourt of Appeals for the Ninth Circuit · 1985
In Re Gotham Provision Company, Inc., Debtor/debtor in Possession, the First State Bank of Miami v. Gotham Provision Company, Inc.Court of Appeals for the First Circuit · 1982
In Re Fresh Approach, Inc.United States Bankruptcy Court, N.D. Texas · 1985
Credit Alliance Corp. v. Dunning-Ray Insurance Agency (In Re Blumer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
Bankr. L. Rep. P 71,102 in Re Center Wholesale, Inc. Owens-Corning Fiberglas Corp. v. Center Wholesale, Inc.Court of Appeals for the Ninth Circuit · 1986

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

3Cited by15 opinions

Roberts v. Erhard (In Re Roberts)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
Ledford v. Tiedge (In Re Sams)United States Bankruptcy Court, S.D. Ohio · 1989
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 Court, C.D. California · 1988
Consolidated Marketing, Inc. v. Marvin Properties, Inc. (In re Marvin Properties, Inc.)Court of Appeals for the Ninth Circuit · 1988

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