Legal Opinion

C & E Enterprises, Inc. v. Milton Poulos, Inc. (In Re Milton Poulos, Inc.)

United States Bankruptcy Court, C.D. California

Decided September 30, 1988No. Bankruptcy LA 87-21451-NCA, M7-09606-NCAPublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

CALVIN K. ASHLAND, Bankruptcy Judge.

Creditors seek relief from the automatic stay and release of property not belonging to the estate based on a trust established by the Perishable Agricultural Commodities Act (“PACA”). Creditors claim the PACA trust assets are not part of the bankruptcy estate and are subject to distribution to trust beneficiaries outside the distribution contemplated in bankruptcy. Creditors also seek prejudgment and post-judgment interest, attorneys fees, and reasonable costs as part of their trust claim.

FACTS

Milton Poulos Inc. (“MPI”), filed for…

2Cases cited11 opinions

In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
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
In Re WL Bradley Co., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
Houston Avocado Co. v. Monterey House, Inc. (In Re Monterey House, Inc.)United States Bankruptcy Court, S.D. Texas · 1986

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

3Cited by11 opinions

Morris Okun, Inc. v. Harry Zimmerman, Inc.District Court, S.D. New York · 1993
Bank of Los Angeles v. Official PACA Creditors' Committee (In Re Southland + Keystone)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
Oxford Organisation, Ltd. v. Peterson (In Re Stotler & Co.)District Court, N.D. Illinois · 1992
C & E Enterprises, Inc. v. Milton Poulos, Inc. (In Re Milton Poulos, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
J.R. Brooks & Son, Inc. v. Norman's Country Market, Inc.United States Bankruptcy Court, N.D. Florida · 1989

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