brief 8 - Kelsey Jans FRL 201 3/10/08 Case 19.3 P.367...

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Kelsey Jans FRL 201 3/10/08 Case 19.3 P.367 (ch.19) In re Cafeteria Operators, L.P. In the case, In re Cafeteria Operators, L.P., the court has to determine whether an exchange of an e-mail between the representatives of a seller and buyer constituted writing. Cafeteria operators, limited partnership and other buyers had placed orders with Cherrco, Inc. which is a Michigan corporation engaged in the business of wholesale distribution. They placed orders for cherries and these orders placed through Tim Dent of George E. Dent Sales, Inc. Cherrco made the delivery of the items ordered and the debtor had accepted Cherrco’s delivery. However, The debtor had failed to pay when the invoices sent in connection with the transactions at issue provided for terms of payment to be within 30 days. The Debtor’s representative (Baldwin) negotiated a payment plan that would pay Cherrco’s claim over time. The debtor filed its petition for relief in this bankruptcy case on January 3 rd , 2003. The amount owed on the claim was $25,269.12 as of the petition date.
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