Legal Opinion

Industrial Salvage, Inc. v. Illinois (In Re Industrial Salvage, Inc.)

United States Bankruptcy Court, S.D. Illinois

Decided June 6, 1996No. 18-60492PublishedCited by 1 opinion

1Opinion of the Court

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

These adversary proceedings present the common issue of whether the debtors’ obligation to effect closure of three landfills and to abate or mitigate environmental damage caused by the lack of proper closure constituted a “claim” under 11 U.S.C. § 101(5) that was discharged by confirmation of the debtors’ Chapter 11 plans. See 11 U.S.C. § 1141(d). The debtors contend that- because compliance with the administrative order mandating closure of the landfills would require an expenditure of money by the debtors, it imposed a monetary obligation that was…

2Cases cited6 opinions

  1. Ohio v. KovacsSupreme Court of the United States · 1985
  2. In Re Torwico Electronics, Inc., Debtor. Torwico Electronics, Inc. v. State of New Jersey, Department of Environmental ProtectionCourt of Appeals for the Third Circuit · 1993
  3. In the Matter of Cmc Heartland Partners, DebtorCourt of Appeals for the Seventh Circuit · 1992
  4. United States v. Chateaugay Corp. (In Re Chateaugay Corp.)District Court, S.D. New York · 1990
  5. Orange Environment, Inc. v. County of OrangeDistrict Court, S.D. New York · 1996

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3Cited by1 opinion

  1. United States v. Apex Oil Co., Inc.District Court, S.D. Illinois · 2006

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