Legal Opinion

Anic, Inc. v. Chipwich, Inc. (In Re Chipwich, Inc.)

United States Bankruptcy Court, S.D. New York

Decided March 14, 1994No. 18-37052PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON MOTION TO DISMISS CERTAIN AFFIRMATIVE DEFENSES

FRANCIS G. CONRAD, Bankruptcy Judge. *

This contested matter is before us 1 upon a Motion to Dismiss Affirmative Defenses to the complaint filed by Plaintiffs, under Fed. R.Civ.P. 7(b) and Fed.R.Bkrtcy.P. 7007. The issue before us is whether sellers of goods under the Perishable Agricultural Commodities Act of 1930, as amended, 7 U.S.C. §§ 499a-499s (“PACA”), who know or have reason to know the name of the proper debt- or, must file a trust notice with the debtor’s proper name in order to preserve their benefits.

Bank…

2Cases cited13 opinions

Cohen v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.)United States Bankruptcy Court, S.D. New York · 1992
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
Clarke v. RogersSupreme Court of the United States · 1913
In Re WL Bradley Co., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987

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

3Cited by5 opinions

Idahoan Fresh v. Advantage ProduceCourt of Appeals for the Third Circuit · 1998
Idahoan Fresh v. Advantage Produce, Inc.Court of Appeals for the Third Circuit · 1998
In re Superior Tomato-Avocado, Ltd.United States Bankruptcy Court, W.D. Texas · 2012
Kurtzman v. CIT Business Credit Corp. (In Re N. Merberg & Sons, Inc.)United States Bankruptcy Court, S.D. New York · 1994
N.P. Deoudes, Inc. v. Snyder (In Re Snyder)United States Bankruptcy Court, D. Maryland · 1994