“are directly responsible for the availability of the funds from the statutorily created trust.” In re Milton Poulos, 947 F.2d at 1353 (parties deserved fee award because litigation efforts caused bankruptcy court to “declare[ ] the trust valid and enforceable.”). In such cases, the “common fund” exception of Alyeska entitles the litigant to an attorneys’ fees award out of the trust assets. Nonetheless, if the litigant is not responsible for the availability of the trust funds, the district court cannot award attorneys’ fees to PACA claimants, unless the PACA claimant has another independent legal basis for attorneys’ fees under an Alyeska exception. Alyeska, 421 U.S. at 259, 95 S.Ct. 1612; see, e.g., Golman-Hayden Co. v. Fresh Source Produce Inc., 217 F.3d 348, 352-353 (5th Cir.2000) (<HOLDING>). Simplot did not create a “common fund” here,
holding that where a paca claimant did not create a common trust the attorney fee award was inappropriate holding that paca debtor may prove that certain funds are not proceeds from produce sales and hence not part of trust assets holding that a constructive trust had arisen on a third partys house due to her use of trust assets which had been diverted by the paca trustee to pay the mortgage and finding that the trust beneficiary plaintiffs are entitled to a lien on the property in the amount of the diverted funds holding that attorneys fee award in a common fund case must be  reasonable under the circumstances recognizing discretion of district court in determining a fee award