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Bankruptcy Courts Split Over Whether PACA Violations Can Result In Non-Dischargeability Under Bankruptcy Code Section 523(a)(4)

Recent Florida Bankruptcy Court decisions and a pending appeal to the 11th Circuit Court of Appeals highlight an existing split of authority within the 11th Circuit and nationally as to whether violating a trust arising under the Perishable Agricultural Commodities Act, 7 U.S.C. § 499a et seq. (“PACA”) can render a debt non-dischargeable under Bankruptcy […]

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