Rochelle's Daily Wire

ABI Exclusive

December 27, 2021

Lower courts are split on whether violating a PACA trust results in a nondischargeable debt. The question is on direct appeal to the Eleventh Circuit.

May 13, 2021

On an upcoming certified appeal, the Eleventh Circuit can decide whether violating a PACA trust is a ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable.

January 5, 2021

The lender’s consent to direct payments by the family farmer persuaded Judge Furay to overrule the chapter 12 trustee’s objection to the plan.

January 2, 2020

A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.

August 8, 2018

Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).
Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).

February 26, 2018

Ninth Circuit reverses its own precedent and eliminates a circuit split by favoring farmers.
Ninth Circuit reverses its own precedent and eliminates a circuit split by favoring farmers.

November 13, 2017

PACA trust creditors can’t hold a chapter 11 debtor hostage, judge rules.
PACA trust creditors can’t hold a chapter 11 debtor hostage, judge rules.