Tag Archives: Inc.

Jason Klinowski to Serve as Special PACA Counsel to Allens Canning During its Chapter 11 Bankruptcy Case

Allens Canning

On October 28, 2013, Allens, Inc. d/b/a Allens Canning (the “Debtor”) filed for Chapter 11 bankruptcy protection.  Anticipating over $20 million in potential PACA claims, the Debtor retained Jason Klinowski of Freeborn & Peters LLP’s food industry team to serve as special PACA counsel.  In this capacity, Jason assisted the Debtor in the preparation of the PACA claims procedure order and now manages the Debtor’s obligations under the order.  To be clear, the PACA claims procedure order is a Court approved procedure by which the Debtor and all potential PACA trust beneciaries test the validity of the PACA claims.

In the Courtroom, Jason also helps the Debtors address such complex PACA trust issues as:

  • Whether the Court Should Compel the Debtor to Create and Fund a Segregated PACA Trust Account  (NO)
  • Whether the Debtor May Use PACA Trust Assets in Connection With its Efforts to Reorganize Under Chapter 11 of the Bankruptcy Code (YES)
  • The Proper Use of Pre-Transaction Written Agreements to Limit PACA Trust Liability (to be determined)
  • And more…

The Debtor’s Chapter 11 case not only involves significant amounts of potential PACA trust liability, but it also contains several complex PACA trust issues, the resolution of which could change how the produce industry does business.

PACA Trust Litigation Alert!

PACA Trust Litigation Alert

PACA Trust Litigation Alert

On May 13, 2013, a civil action was filed in Connecticut against Rosa Brothers, Inc. d/b/a Guilford Food Center to recover about $34,000.00 in alleged PACA trust debt.

On May 14, 2013, a civil action was filed in Florida against River Sun Fresh LLC, River Sun Produce LLC, and Riverland and Indian Sun LC to recover about $32,500.00 in alleged PACA trust debt.

On May 16, 2013, a civil action was filed in Florida against Causeway Food Group, Inc. d/b/a Food Giant Supermarket to recover about $9,000.00 in alleged PACA trust debt.

Please check your A/R to see if any of 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

On April 23, 2013, a civil action was filed in Florida against Old Fashion Honey Corp. d/b/a U.S. Food Logistics in an effort to collect about $465,670.00 in alleged PACA trust debt.

On April 24, 2013, a civil action was filed in California against Producers Choice LLC in an effort to collect about $502,500.00 in alleged PACA trust debt.

On April 24, 2013, a civil action was filed in California against RASC Enterprises, Inc. d/b/a Ranchito Supermarkets in an effort to collect about $8,600.00 in alleged PACA trust debt.

On April 30, 2013, a civil action was filed in Georgia against Atlanta Specialty, Inc. in an effort to collect about $16,400.00 in alleged PACA trust debt.

On May 1, 2013, a civil action was filed in Florida against Florida European Export-Import Company, Inc. in an effort to collect about $108,390.00 in alleged PACA trust debt.

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