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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

IN RE: DELTA PRODUCE, L.P., Debtor

Case No. 12-50073-LMC (Chapter 11) JOINTLY ADMINISTERED

OBJECTION TO ORIGINAL PACA TRUST CHART In accordance with the February 29, 2011 Amended Order Establishing a Deadline to File PACA Trust Claims (referred to as the PACA Claims Procedure Order), PACA creditors Bernardi and Associates, Inc., DiMare Enterprises, Inc., Uesugi Farms, Inc., Franks Distributing of Produce, LLC, Fresh Pac International, Harvest Crown Co., Inc., J-C Distributing, Inc., Mission Produce, Inc., California Artichoke & Veg Growers Corp. dba Ocean Mist Farms, Pacific International Vegetable Marketing Inc. dba Pacific International Marketing, Prime Time Sales, LLC, Royal Flavor, LLC, and Wilson Produce, LLC ( hereinafter referred to as the R&J Group), by and through their undersigned counsel, hereby submit the following objections to the Original PACA Trust Chart.

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Objections 1. Bernardi & Associates, Inc. (Bernardi) The entry for Bernardi under the Proposed Amount Allowed Under Pending Compromise Motion should be decreased $2,587.09 from $12,951.75 to $10,364.66. The $2,587.09 represents the attorneys fees at the time the claim was filed which are still subject to objection because Bernardi agreed to have its attorneys fees request considered at a later time. Finally, because Bernardi agreed that its attorneys fees request would be considered at a later time, an asterisk (*) should appear next to Bernardis name.

2.

California Artichoke & Veg Growers Corp. dba Ocean Mist Farms (Ocean Mist) The Chart currently lists an objection of $608.34 to the claim of Ocean Mist. This

objection amount is larger than Ocean Mists claim. No objection (except for the general attorneys fees objection made by Special PACA Counsel) was made by any party to Ocean Mists claim. As such, the entry for Ocean Mist under the column titled Total Objections column should only read $11.50, the amount of Ocean Mists attorneys fees at the time the claim was filed. The entry for Ocean Mist under the column titled Portion of Claim Not Subject to Objection should list $585.34, the total of Ocean Mists principal and interest. Finally, Ocean Mist agreed that its attorneys fees request would be considered at a later time, so an asterisk (*) should appear next to Ocean Mists name.
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3.

DiMare Enterprises, Inc. (DiMare) The entry for DiMare under the Proposed Amount Allowed Under Pending

Compromise Motion should be increased $154.60 from $10,959.00 to $1,111.36. The $154.60 represents the interest that Special PACA Counsel included in his objection but did not add back in to the allowed amount. Finally, DiMare agreed that its attorneys fees request would be considered at a later time, so an asterisk (*) should appear next to DiMares name. 4. Franks Distributing of Produce, LLC (Franks) Franks agreed that its attorneys fees request would be considered at a later time, so an asterisk (*) should appear next to Franks name. 5. Fresh Pac Intl, Inc. (Fresh Pac) Fresh Pac agreed that its attorneys fees request would be considered at a later time, so an asterisk (*) should appear next to Fresh Pacs name (the second Fresh Pac entry). 6. Harvest Crown Co., Inc. (Harvest Crown) The Chart currently lists an objection in the amount of $9,083.54 to Harvest Crowns claim. No objection (except for the general attorneys fees objection made by Special PACA Counsel) was made by any party to Harvest Crowns claim. As such, the entry for Harvest Crown under the column titled Total Objections column should only read $3,134.08, the amount of Harvest Crowns attorneys fees at the time the claim was filed. The entry for Harvest Crown under the column titled Portion of Claim Not

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Subject to Objection should list $150,997.56, the total of Harvest Crowns principal and interest. 7. Mission Produce, Inc. (Mission) The entry for Mission under the Proposed Amount Allowed Under Pending Compromise Motion should be decreased $1,831.49 from $15,107.95 to $13,276.46. The $1,831.49 represents the attorneys fees at the time the claim was filed which are still subject to objection because Mission agreed to have its attorneys fees request considered at a later time. Finally, because Mission agreed that its attorneys fees request would be considered at a later time, an asterisk (*) should appear next to Missions name. 8. Prime Time Sales, LLC (Prime Time) The entry for Prime Time currently lists an amount (609.84) in the column titled No Response Filed-Objection Deemed Valid. This is in error, as a response to the objections was filed on April 16, 2012 (see Docket #213). The entry for Prime Time in the column titled Proposed Amount Allowed Under Pending Compromise Motion should be revised from $609.84 to $23.50, which is the correct agreed upon amount. Finally, Prime Time agreed that its attorneys fees request would be considered at a later time, so an asterisk (*) should appear next to Prime Times name. /// /// /// /// ///
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9.

Royal Flavor, LLC (Royal Flavor) The entry for Royal Flavor under the Proposed Amount Allowed Under Pending

Compromise Motion should be decreased $1,705.02 from $11,672.02 to $9,967.00. The $1,705.02 represents the attorneys fees at the time the claim was filed which are still subject to objection because Royal Flavor agreed to have its attorneys fees request considered at a later time.

Respectfully submitted, DATED: June 21, 2012 By: /s/ Bart M. Botta Bart M. Botta, Esq. Rynn & Janowsky, LLP 4100 Newport Place Drive, Suite 700 Newport Beach, CA 92660 (949) 752-2911 Tel 949-752-0953 Fax bart@rjlaw.com Email /s/ Diana M. Geis Diana M. Geis, Esq. Curl & Stahl, P.C. 700 North St. Marys Street, Suite 1930 San Antonio, Texas 78205 (210) 226-2182 Tel (210) 226-1691 Fax dmgeis@curlstahl.com Email

By:

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CERTIFICATE OF SERVICE
I hereby certify that on June 21, 2012, I electronically filed the foregoing Objection to Original PACA Trust Chart with the Clerk of the Court using the CM/ECF system which will send a notice of electronic filing to all parties of record.

By:

/s/ Bart M. Botta Bart M. Botta, Esq. Rynn & Janowsky, LLP 4100 Newport Place Drive, Suite 700 Newport Beach, CA 92660 (949) 752-2911 Tel 949-752-0953 Fax bart@rjlaw.com Email

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