- 11 U.S.C.
In re Symons Frozen Foods Inc.
Mar
05
2010
Ruling
Creditors held valid Perishable Agricultural Commodities Act trust claims only if payment was due within 30 days of receipt and acceptance of products.
Procedural posture
The debtor was a dealer in frozen foods. In two contracts it purchased products from two creditors, a seller of corn, and a seller of peas, beans, and carrots. Each of the sellers submitted their claims as federal trust claims pursuant to the Perishable Agricultural Commodities Act (PACA), 7 U.S.C.S. §§ 499a-499s. The debtor and another party objected to the motion, asserting PACA did not apply as a matter of law.
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Court
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