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In re Superior Tomato-Avocado Ltd.

In re Superior Tomato-Avocado Ltd.

Ruling
Creditor's substantial compliance with Perishable Agricultural Commodities Act requirements was sufficient to allow claim.
Procedural posture

Debtor produce company filed a petition under chapter 11 of the Bankruptcy Code, and the court appointed a special counsel to resolve claims filed under the trust provisions of the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C.S. § 499a et seq. A creditor that sold produce to the debtor before the debtor declared bankruptcy filed a claim against the debtor's bankruptcy estate, and the special counsel filed an objection to the claim.

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Commercial opinion summary, case decided on September 24, 2012 , LexisNexis #1012-133