The PACA Trust Creditors v. Genecco Produce Inc., No. 17-1949 (2d Cir. 2019)Annotate this Case
Plaintiffs brought an adversary proceeding in bankruptcy court, alleging that defendants wrongfully failed to pay debtor for produce held in trust for plaintiffs, in violation of the Perishable Agricultural Commodities Act. The Second Circuit agreed with the bankruptcy judge and district court and affirmed summary judgment for plaintiffs, but held that defendants should receive a pro rata share of assets of the trust established under the Act.
Because assets subject to the Act are held in a ʺfloatingʺ trust for the benefit of unpaid produce suppliers and never become part of a bankruptcy estate, when a purchaser of produce files for bankruptcy under Chapter 7, a creditor covered by the Actʹs provisions is entitled to a pro rata share of trust assets, but not to a complete offset of mutual debts between it and the bankrupt. In this case, although defendants did not file a proof of claim after the district court issued a claims process order under the Act, they preserved their claims by providing statutorily required notice to debtor in connection with each pre‐bankruptcy sale of fresh produce; filed a proof of claim with the bankruptcy court before the district court had issued the claims process order; and reasonably, although mistakenly, thought that they could vindicate their rights as creditors using a bankruptcy offset.