· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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