IN RE MONTEREY HOUSE, INC.

Bankruptcy Nos. 86-02146-H2-11, 86-02148-H1-11, 86-02145-H2-11, 86-02147-H1-11, 86-02149-H2-11 and 86-02144-H2-11, (Consolidated Under Bankruptcy No. 86-02144-H2-11).

71 B.R. 244 (1986)

In re MONTEREY HOUSE, INC., Monterey House No. 16, Inc., Monterey House Operating Co., Monterey House U.S.A., Inc., Monterey House Missouri, Inc., Monterey House Franchise Corp., Debtors. HOUSTON AVOCADO COMPANY, INC., Murphy Tomato Company, Inc., Tom Lange Co., Inc., Magnolia Fruit & Produce Co., Inc., Kalil Produce Company, Mendelson-Zeller Company, Inc. and Calavo Growers of California, Movants, v. MONTEREY HOUSE, INC., et al., Respondents.

United States Bankruptcy Court, S.D. Texas, Houston Division.

October 20, 1986.


Attorney(s) appearing for the Case

Susan J. Brandt, Houston, Tex., for PACA Claimants.

Larry Huelbig, Ed Rothberg, Houston, Tex., for Monterey House, et al.

David B. Foltz, Jr., Stephen W. Lemmon, Houston, Tex., for Lending Institution.

Jarrell D. McDaniel, Houston, Tex., for Lending Institution.


MEMORANDUM OPINION

R.F. WHELESS, Jr., Bankruptcy Judge.

This matter comes before the Court on the Motion of Houston Avocado Company, Inc., Murphy Tomato Company, Inc., Tom Lange Co., Inc., Magnolia Fruit & Produce Co., Inc., Kalil Produce Company, Mendelson-Zeller Company, Inc. and Calavo Growers of California ("PACA Claimants") for Relief From Stay of Act Against property. The motion asserts that the PACA Claimants are beneficiaries of a floating non...

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