Legal Opinion
Alabama Surface Mining Commission v. N.P. Mining Co. (In re N.P. Mining Co.)
Court of Appeals for the Eleventh Circuit
Decided June 23, 1992No. 91-7342Published
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 *1450priority 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
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