In re Wayne Bailey, Inc.

Kornegay contends that the Disputed Invoices are PACA eligible because: (1) the parties orally or implicitly agreed to a 30-day payment term, which is within the statutory limit; and (2) based on a 30-day payment term, the dates of the Disputed Invoices gave the debtor timely notice of Kornegay's intent to preserve its PACA

*304trust rights as required by 7 C.F.R. § 46.2(aa).3 Kornegay further contends that a grower need only substantially , rather than strictly , comply with PACA to enjoy the benefits of the statutory trust.

To the contrary, the debtor asserts that the parties did not have any…