Granger v. Maine Department of Environmental Protection (In Re Granger)

Memorandum of Decision

JAMES B. HAINES, JR., Bankruptcy Judge.

I. Introduction

Before me are cross-motions for summary judgment, seeking determination of the dischargeability of obligations Gerard and Stephen Granger owe to the Maine Department of Environmental Protection under pre-bankruptcy consent decrees. The material facts are undisputed.

That a portion of the obligation imposed by the original decree, and a subsequent amended decree, is dischargeable is not disputed. That a “penalty” portion of the obligation is non-dischargeable under § 523(a)(7) of the Bankruptcy Code 1 is also not in…