The Perishable Agricultural Commodities Act regulates transactions in fresh and frozen fruits and vegetables. It does this in part by creating a general trust for the benefit of produce sellers.
USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Commodity, Liquidation, Fifth Circuit
In a recent decision by the influential Third Circuit Court of Appeals, In re KB Toys Inc., 2013 U.S. App. LEXIS 23083 at *17 (3d Cir. Nov. 15, 2013), the Court decided that “the cloud on the claim” stemming from a preferential payment made to the original claimant continues with the claim, which then could be disallowed.