Examples of PACA Trust in a sentence
The Debtors believe that the PACA Trust Assets are excluded from the Debtors' estates, and the Debtors therefore have not included such amounts in their responses to Statement Question 21.
Under PACA, eligible suppliers and their agents may be the beneficiaries of a floating, non-segregated, statutory trust in the buyer's entire inventory of food or other derivatives of perishable agricultural commodities, the products derived therefrom, and the proceeds of any sale of such inventory or products (collectively, the "PACA Trust Assets").
The Working Capital Borrowers have previously delivered to the Administrative Agent copies of all notifications received by any Loan Party, whether pursuant to the UCC, the FSA, PACA, State Agricultural Laws or otherwise, and whether sent by a seller of any "farm products" (as defined in the FSA), a lender to such seller, the Secretary of State of any State or any other Person, of any FSA Lien or State Agricultural Lien or the imposition of a PACA Trust.
As referred to in this Agreement, "PACA Trust" shall mean the statutory trust authorized by Section 499e(c) of PACA.
Each Loan Party will comply with all payment instructions imposed on such Loan Party in any notification received by such Loan Party, whether pursuant to the UCC, the FSA, PACA, State Agricultural Law, or otherwise, and whether sent by a seller of farm products, a lender to such seller, the Secretary of State of any state or any other Person, of any FSA Lien or State Agricultural Lien or the imposition of a PACA Trust.
The administrator of TDI’s bankruptcy estate thus went about “identifying, recovering, and liquidating the PACA trust assets of [TDI] and preserving those funds for the benefit of all PACA trust creditors.” Stipulation for Order Establishing PACA Trust Claims Procedure and Surcharge for Administrative Expenses at 11, In re Tanimura Distrib., Inc., No. 2:08-bk- 22644-TD, (Bankr.
On June 2, 1997, Idahoan and Advantage filed a Joint Status Report and Motion for an Order for the Distribution of PACA Trust Proceeds ("Joint Motion") identifying the following universe of qualified PACA trust creditors: Idahoan $ 116,684.26 CHR 36,004.80 Murphy 4,300.00 Alsum 10,708.00 Powerhouse 4,868.00 $ 172,565.06 App.
For all the reasons set forth above, Plaintiffs’ Joint Motion for Entry of an Order Determining Validity and Extent of PACA Trust Claims (Doc.
Finally, the P.K. Produce Defendants argue that Plaintiff B&D Produce, Inc.’s PACA claim is invalid because it failed to include any supporting invoices in its PACA Trust Claim packet.
As the PACA Trust Assets were held in trust by the Debtors and were not property of the Debtors’ estates, the Debtors’ produce suppliers had priority ahead of all other secured and unsecured creditors of the Debtors’ estates as to those PACA Trust Assets.