The Firm recently secured a victory on behalf of an upstate New York farmer who was owed significant sums under the Perishable Agricultural Commodities Act (“PACA”); a federal statute enacted in 1930 to regulate the buying and selling and marketing of perishable agricultural commodities in interstate and foreign commerce. It aims to protect the interests of growers, shippers, and sellers in the produce industry by ensuring fair trade practices, honest conduct and prompt payment for these commodities.
Our client sold produce to a wholesaler which filed for Chapter 11 bankruptcy. The Firm initially pursued the client’s claim with the Bankruptcy Trustee securing partial payment. We then pursued the principals of the Debtor for the balance in the SDNY, alleging they used PACA Trust funds for their own purposes rather than paying our client. After establishing the merits of the case beyond dispute, we secured payment, in full, plus fees and costs.
Our Bankruptcy and Creditors Rights Practice Group handles all types of bankruptcy and insolvency-related matters for creditors in bankruptcy cases, assignments-for-the benefit-of-creditor proceedings, out-of-court restructurings, workouts, and debt counseling. The attorneys in our Bankruptcy and Creditors’ Rights Practice Group have decades of experience litigating in the state and federal courts on behalf of banks and other creditors. We appear on behalf of our clients in federal courts, both Bankruptcy and the District Courts, and various state courts on behalf of secured and unsecured creditors on a wide variety of matters, including commercial and residential mortgage foreclosures, UCC Article 9 foreclosures and collection actions, as well as preference and fraudulent transfer litigation.
For additional information, please contact Joshua Bauchner at jbauchner@mblawfirm.com or (646) 369-0205 or Jed Weiss at jweiss@mblawfirm.com or (212) 324-1877.
These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.