IN RE COUNTRY HARVEST BUFFET RESTAURANTS, INC.

BAP No. WW-99-1038-BoRyK. Bankruptcy No. 98-01081.

245 B.R. 650 (2000)

In re COUNTRY HARVEST BUFFET RESTAURANTS, INC., Debtor. Sysco Food Services of Seattle, Inc., et al., Appellants, v. Country Harvest Buffet Restaurants, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 22, 2000.


Attorney(s) appearing for the Case

J. Thomas Richardson, Cairncross & Hempelmann, Seattle, WA, for Sisco Food Services of Seattle, et al.

Frederick W. Schoepflin, Keller, Rohrback, LLP, Seattle, WA, Attorney for Country Harvest Buffet Restaurants, Inc.

Before BOWIE, RYAN and KLEIN, Bankruptcy Judges.


OPINION

BOWIE, Bankruptcy Judge.

I

INTRODUCTION

In 1930, Congress enacted the Perishable Agricultural Commodities Act ("PACA"). PACA has been amended a number of times through the years. In 1984 Congress created as a remedy under PACA a statutory trust in which essentially all produce, produce-derived revenues or products would constitute the trust res until all produce suppliers are paid in full. See 7 U.S.C. § 499e...

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