PACA And Bankruptcy: What Secured Lenders Must Know

Law360, New York (May 27, 2014, 4:11 PM EDT) -- The Perishable Agricultural Commodities Act has many ramifications for secured lenders who provide financing to borrowers that own goods that fall within its scope, particularly in bankruptcy. Because PACA provides its beneficiaries — unpaid suppliers and sellers of perishable agricultural commodities and products — with superior rights over other creditors through the establishment of a trust, secured lenders must be careful not to rely on the standard language in bankruptcy orders that cleanse assets of liens. Accordingly, secured lenders should familiarize themselves with the statute and should develop strategies to mitigate the risk of unpaid PACA claims owed by their borrowers, especially in a downside scenario....

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