In re Parra, 412 B.R. 99 (Bankr. E.D. N.Y. 2009)

(debtor breached fiduciary duty under PACA by failing to preserve trust assets for the benefit of plaintiffs until payment received in full; while trust imposed under PACA is a technical trust, absent evidence in the record of debtor's actual knowledge of PACA duties, material issue of fact existed which prevented court from concluding on summary judgment that debtor's failure to hold sale proceeds in trust for plaintiffs constituted defalcation).