Legal Opinion
In Re N.P. Mining Company, Inc., Debtor. Alabama Surface Mining Commission v. N.P. Mining Company, Inc., C. Michael Stilson, Trustee
Court of Appeals for the Eleventh Circuit
Decided June 23, 1992No. 91-7342PublishedCited by 67 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge:
The Alabama Surface Mining Commission (“ASMC” or “Commission”) appeals from a decision of the bankruptcy court, affirmed by the district court, holding that under the facts of this case, punitive civil penalties assessed after the debtor filed a voluntary petition for protection under chapter 11 and before the case was converted to chapter 7 liquidation proceedings were not entitled to administrative-expense priority under 11 U.S.C. § 503(b). We reverse, and remand the case for further factfinding by the bankruptcy court consistent with our opinion.
BACKGROUND
The ASMC…
2Cases cited20 opinions
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Chemical Manufacturers Ass'n v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1985
- In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
- Reading Co. v. BrownSupreme Court of the United States · 1968
- In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
15 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- In Re David Abercrombie, Debtor. David Abercrombie v. Hayden Corporation, Dba Hillman Properties NorthwestCourt of Appeals for the Ninth Circuit · 1998
- Securities & Exchange Commission v. Wealth Management LLCCourt of Appeals for the Seventh Circuit · 2010
- Commonwealth of Pennsylvania Department of Environmental Resources v. Tri-State Clinical Laboratories, Inc., Joseph Nigro, TrusteeCourt of Appeals for the Third Circuit · 1999
- United Mine Workers of America 1974 Plan & Trust v. Lexington Coal Co. (In Re HNRC Dissolution Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- In Re HackneyUnited States Bankruptcy Court, N.D. Alabama · 2006
62 more not listed; retrieve them via the Exa API.