loads of hogs. Nejmanowski subsequently gave Roush a check for $35,010, representing the amount of the December 28, 1993, invoices (apparently less cash discount) for the three loads of hogs. The following day, Nejmanowski called Roush and asked him not to cash the check because it was drawn on the wrong account. The check was never cashed. On January 6, 1994, Roush told Sue Ann Claudon of the Packers & Stockyards Administration that DeKalb had entered into a custom kill arrangement with Jack-Rich. During that conversation, Ms. Claudon warned Roush that by proceeding under a custom kill arrangement, DeKalb would not be protected with a Packers & Stockyards Act trust claim on the three loads. At some point thereafter, the meat derived from the three loads of hogsshipped to Jack-Rich on December 28, 1993, was segregated in Jack-Rich's freezer and marked with a "D", denoting "DeKalb".
On March 25, 1994, an involuntary Chapter 7 bankruptcy petition was filed against Jack-Rich, which, on March 31, 1994, was subsequently converted to a Chapter 11. On September 26, 1995, the case was re-converted to Chapter 7.
On May 5, 1994, Roush received a telephone call from Nejmanowski wherein Nejmanowski stated that the DeKalb meat had been sold and that a check would be forthcoming. On May 6, 1994, DeKalb received a cashier's check dated May 5, 1994, drawn on the Chesterfield State Bank for $45,130.94.
The complaint giving rise to this adversary proceeding was filed on April 5, 1994, by a number of valid trust claimants under the Packers & Stockyards