Patton, Hoversten and Berg, PA
A Professional Association / Attorney at Law
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A&J Produce Corp. v. Bronx Overall Econ. Dev. Corp. |
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In a claim concerning the distribution of proceeds received from the sale of certain assets in a statutory trust created pursuant to the Perishable Agricultural Commodities Act (PACA), grant of co-plaintiff's motion to turnover PACA assets and summary judgment for defendant is affirmed where: 1) a secured creditor's lien does not constitute a transfer of PACA trust assets within the terms of the statute; and 2) proceeds generated from the sale of such assets were therefore properly awarded to the PACA creditors.
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