Legal Opinion

Allens, Inc. v. H.C. Schmieding Produce Co. (In re Veg Liquidation, Inc.)

United States Bankruptcy Court, W.D. Arkansas

Decided August 20, 2014No. 5:13-bk-73597Published

1Opinion of the Court

*557Objection to PACA Claim ORDER

BEN BARRY, Bankruptcy Judge.

Before the Court are the Debtor’s Omnibus Objection to PACA Claims filed on January 13, 2014 [doc. 417], and H.C. Schmieding Produce Co., Ine.’s response to the debtor’s objection to PACA claims filed on February 3, 2014 [doc. 534]. The Court heard the objection and response on May 20, 2014, and at the conclusion of the hearing gave the parties until June 5, 2014, to file post-trial briefs. For the reasons stated below, the Court sustains the debtor’s objection to Schmieding’s proof of claim for PACA trust protection for $9247.34,…

2Cases cited9 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  3. Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
  4. Crosby v. National Foreign Trade CouncilSupreme Court of the United States · 2000
  5. B & G Enterprises, Ltd. v. United StatesCourt of Appeals for the Federal Circuit · 2000

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