Monthly Archives: December 2011

PACA Trust Litigation Alert

PACA Trust Litigation Alert

PACA Trust Litigation Alert

 Because PACA Trust litigation potentially affects the entire industry, please note the following:

  • On December 14, 2011, a civil action was filed in California against El Metate Foods, Inc. in an effort to collect approximately $86,000.00 in alleged PACA debt. 
  • On December 15, 2011, a civil action was filed in Pennsylvania against Drew Dicarlo & Son Mushroom, Inc. in an effort to collect approximately $33,000.00 in alleged PACA debt.
  • On December 15, 2011, a civil action was filed in Pennsylvania against Midway Supermarket, Inc. in an effort to collect approximately $37,000.00 in alleged PACA debt.

 Please check your A/R to see if these cases affect you.  If they do, please do not wait to assert your rights.

PACA Trust Litigation Alert

PACA Trust Litigation Alert

PACA Trust Litigation Alert

Because PACA litigation potentially affects everyone in the industry, please note the following:

  • On December 8, 2011, a civil action was filed in New York against Eric Produce, Inc. in an effort to collect approximately $72,000.00 in alleged PACA debt.
  • On December 9, 2011, a civil action was filed in Chicago against Waukegan Fruit Market, Inc. in an effort to collect approximately $23,000.00 in alleged PACA debt.
Please check your A/R to see if these cases affect you.  If they do, please do not wait to assert your rights.

PACA Trust Litigation Alert

PACA Trust Litigation Alert

PACA Trust Litigation Alert

Good morning:

  • On December 8, 2011, a civil action was filed in Wisconsin against FP Drive LLC d/b/a International Produce in an attempt to collect approximately $26,000.00 in alleged PACA debt.

Please check your A/R to see if this case affects you.  If it does, please do not wait to assert your rights.

PACA Trust Litigation Alert

PACA Trust Litigation Alert

PACA Trust Litigation Alert

Good morning:

On December 2, 2011, a civil action was filed in Texas against Regiosol Produce, LLC in an effort to collect approximately $26,000.00 in alleged PACA debt.

Please check your A/R to see if this affects you.  If it does, please do not wait to assert your rights.

Secured Lending in the Produce Industry: What Every Bank Should Know

Secured Lending for Agricultural Lenders

Secured Lending for Agricultural Lenders

One of the most misunderstood and hotly contested areas of litigation under the Perishable Agricultural Commodities Act (the PACA) involves balancing the rights of a secured lender against an unpaid PACA trust beneficiary.

To shed some light on this topic, I recently published a white paper that highlights critical information banks, as a matter of law, are deemed to know and to have “considered in connection with their lending practices.”

Here is a link to my white paper: Secured Lending in the Produce Industry

I hope you find it helpful!

PACA Trust Litigation Alert

PACA Trust Litigation Alert

PACA Trust Litigation Alert

As we get closer to the end of the year, the produce industry is working to clean up their outstanding A/R.

  • On November 28, 2011, a civil action was filed in Florida against Top Tomato Co.in an effort to collect approximately $33,000.00 in alleged PACA debt.
  • On November 29, 2011, a civil action was filed in Michigan against Agvest, Inc.in an effort to collect approximately $215,000.00 in alleged PACA debt.
  • On November 29, 2011, a civil action was filed in Ohio against Jordan Banana Distributing Co. in an effort to collect approximately $86,000.00 in alleged PACA debt.
  • On November 30, 2011, a civil action was filed in California against Guerra Marketing International in an effort to collect approximately $32,000.00 in alleged PACA debt.
Please check your A/R to see if these cases affect you.  If they do, please do not wait to assert your rights.