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Nickey Gregory Co., LLC v. AgriCap, LLC
Citation:597 F.3d 591 (4th Cir. 2010)
Robison Farms, LLC was engaged in the business of distributing produce to restaurants and school systems in North Carolina and South Carolina. It purchased the produce from wholesalers who sold the produce to Robison Farms on credit under the protection of PACA’s trust agreement. Two of its suppliers, Nickey Gregory Company, LLC, and Poppell’s Produce, Inc., who are the plaintiffs in this action, sold their produce to Robison Farms on a continuing basis, extending short term credit to Robison Farms. In early March 2005, Robison Farms applied to AgriCap, LLC for financing to provide it with working capital to restructure its payables. AgriCap approved a line of credit that was geared to the amount of Robison. On May 11, 2006, Robison Farms stopped paying produce suppliers and filed a Chapter 7 bankruptcy petition to liquidate all of its assets.
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