Florida Proves Safe Haven for Individuals Liable for Breach of the PACA Trust (bonus: form complaint attached)
August 14, 2018
Authored by: Leah Fiorenza McNeill and Mark Duedall
Editors’ Note: For those of you who like to get something you can use from blog posts, attached here is a Form PACA Nondischargeability Complaint for a PACA seller against a party that controlled a PACA buyer, where such controlling party later files for bankruptcy. Although, in light of the case discussed below, there is an open legal question of whether violations of the PACA trust by an individual in control of a PACA buyer result in a non-dischargeable debt under Section 523(a)(4) of the Bankruptcy Code. To see some of our other coverage of PACA issues, a personal favorite of Leah’s and Mark’s, see here and here.
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 PACA trust may still receive a bankruptcy discharge of debts arising from their breach