In Re East Coast Brokers and Packers, Inc., Debtors. Gonzales Packing Company v. East Coast Brokers and Packers, Inc.

DYER, Senior Circuit Judge:

The sole issue before us in this appeal is whether the bankruptcy court applied the proper legal standard in finding that the evidence of appellant, Gonzales Packing Company, was not sufficient to raise a presumption of mailing of a notice of intent to preserve trust benefits against East Coast Brokers & Packers, Inc., pursuant to the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. § 499e(c). The district court affirmed the judgment of the bankruptcy court which denied appellant’s motion for relief from the automatic stay and turnover of property. 134…