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Legal Opinion

In Re Rawson Food Service, Inc., Debtor. Flav-O-Rich, Inc., Cross-Appellee v. Rawson Food Service, Inc., Cross-Appellant

Court of Appeals for the Eleventh Circuit

Decided June 14, 1988No. 87-3466PublishedCited by 158 opinions

1Opinion of the Court

ANDERSON, Circuit Judge:

The sole issue raised in this bankruptcy appeal is whether, in a reclamation action brought pursuant to 11 U.S.C. § 546(c), the seller must prove as part of its prima facie case that the debtor possessed the goods the seller seeks to reclaim at the time the reclamation demand was made. We conclude that an implicit requirement of a § 546(c) reclamation claim is that the debtor must possess the goods when the reclamation demand is made and therefore that the seller must prove possession as part of its prima facie case. Thus, we affirm.

I. BACKGROUND

Flav-O-Rich Inc.…

2Cases cited21 opinions

  1. The Drexel Burnham Lambert Group Inc., Cross-Appellee v. A.W. Galadari and A.W. Galadari Commodities, Cross-AppellantsCourt of Appeals for the Second Circuit · 1985
  2. McCain Foods, Inc. v. Flagstaff Foodservice Co. (In Re Flagstaff Foodservice Corp.)United States Bankruptcy Court, S.D. New York · 1981
  3. American Saw & Mfg. Co. v. Bosler Supply Group (In Re Bosler Supply Group)District Court, N.D. Illinois · 1987
  4. Party Packing Corp. v. Rosenberg (In Re Landy Beef Co.)United States Bankruptcy Court, D. Massachusetts · 1983
  5. Ford Motor Co. v. Transport Indemnity Co.Court of Appeals for the Sixth Circuit · 1986

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3Cited by158 opinions

  1. Mladen Zivkovic v. Southern California Edison CompanyCourt of Appeals for the Ninth Circuit · 2002
  2. In Re: Koreag, Controle Et Revision S.A.Court of Appeals for the Second Circuit · 1992
  3. Morrison v. Executive Aircraft Refinishing, Inc.District Court, S.D. Florida · 2005
  4. Myers v. CENTRAL FLORIDA INVESTMENTS, INC.Court of Appeals for the Eleventh Circuit · 2010
  5. Reinsdorf v. Skechers U.S.A., Inc.District Court, C.D. California · 2013

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