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· 4/9/1996

In Re Kornblum & Co., Inc., Debtor. Tom Lange Co., Inc., and Scott Finks Co., Inc. v. Kornblum & Co., Inc.

Citations

  • 81 F.3d 280
  • 1996 U.S. App. LEXIS 6979
  • 28 Bankr. Ct. Dec. (CRR) 1168

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Congress enacted the trust provision “to broaden the protection afforded to produce suppliers”
  • holding that “a single PACA trust exists for the benefit of all of the sellers to a Produce Debtor, and continues in existence until all of the outstanding beneficiaries have been paid in full.”
  • holding that “a single PACA trust exists for the benefit of all of the sellers to a Produce Debtor, and continues in existence until all of the outstanding beneficiaries have been paid in full.”
  • holding that it was “inappropriate” for the district court “to enter summary judgment against the Creditors on the basis that Kornblum had acquired the [property] pri- or to its transactions with the Creditors,” and remanding the case to the district court for further proceedings
  • stating that the Bankruptcy Code excludes PACA trust assets from the bankruptcy estate
  • describing how a debtor holds equitable title to the PACA trust res for the benefit of a creditor

Source: CourtListener parenthetical corpus (CC0).

Judges: Lumbard, Miner, Mahoney

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.