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Florida Proves Safe Haven for Individuals Liable for Breach of the PACA Trust (bonus: form complaint attached)

USA - August 14 2018 In Coosemans Miami v. Arthur (In re Arthur), the Bankruptcy Court for the Southern District of Florida held last week that individuals in control of a...

Mark I. Duedall.


In Case You Missed It - PACA Trust Rights in Bankruptcy are Just Plain Old Secured Claims

USA - February 1 2018 Happy 2018! We at The Bankruptcy Cave have been itching to write about the Cherry Growers Chapter 11 case - which really is ground-breaking - but the...

Mark I. Duedall.


BC Healthcare Restructuring Update: R CSR’s O-U-T? Less U.S. Gov’t $$ More 11s . . . ?

USA - October 18 2017 Ok, if your attention span is anything like ours, all this wonky stuff about the ins and outs of the Affordable Care Act (or “ObamaCare,” as most of...

Mark I. Duedall, Jacob Johnson.


Supreme Court Completely Endorses Critical Vendor Theory! Well, Not Completely. But Almost!

USA - March 23 2017 We at the Bankruptcy Cave are not very surprised by the ruling yesterday in Czyzewski v. Jevic Holding Corp. The Supreme Court in Jevic reviewed a...

Mark I. Duedall.


Fifth Circuit Rules for PACA Claimants, and Weakens PACA, All in One Curious Ruling

USA - February 15 2017 Most restructuring practitioners are aware, either vaguely or through punishing experience, of the power of PACA creditors. PACA (or the Perishable...