Legal Opinion
In Re Davis Distributors, Inc. (Two Cases). Wilson Mushroom Company v. Davis Distributors, Inc. Sovran Bank, n.a.,defendants-appellants (Two Cases)
Court of Appeals for the Fourth Circuit
Decided December 9, 1988No. 88-2076, 88-2077PublishedCited by 23 opinions
1Opinion of the Court
JAMES DICKSON PHILLIPS, Circuit Judge:
Davis Distributors, Inc. (Davis), a Chapter 11 debtor, appeals an order granting relief from the automatic bankruptcy stay, 11 U.S.C. § 362(a), to Wilson Mushroom Company (Wilson), which had supplied produce to Davis and is one of Davis’ largest creditors. The district court found that Wilson was entitled to priority as to some estate assets over Davis’ other creditors as the beneficiary of a “statutory trust” arising under the provisions of the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. §§ 499a-499s. Concluding that Wilson was disqualified…
2Cases cited2 opinions
- Scarborough v. RidgewayCourt of Appeals for the Fourth Circuit · 1984
- Newport News Shipbuilding & Drydock Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1955
3Cited by23 opinions
- Hiller Cranberry Products, Inc. v. KoplovskyCourt of Appeals for the First Circuit · 1999
- Greg Orchards & Produce, Inc. v. RonconeCourt of Appeals for the Seventh Circuit · 1999
- In Re John DeFrancesco & Sons, Inc.United States Bankruptcy Court, D. Massachusetts · 1990
- A.J. Rinella & Co. v. Bartlett (In Re Bartlett)United States Bankruptcy Court, D. Massachusetts · 2007
- Goldman Fruit & Produce Co. v. Lombardo Fruit & Produce Co. (In Re Lombardo Fruit & Produce Co.)District Court, E.D. Missouri · 1993
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