Legal Opinion

In Re National Environmental Waste Corp.

United States Bankruptcy Court, C.D. California

Decided January 25, 1996No. Bankruptcy SA 93-14825 JWPublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JOHN J. WILSON, Bankruptcy Judge.

The City of Riverside (“Riverside” or the “City”) filed a motion for an order determining that the police and regulatory power exception to the automatic stay applies to the City’s review and termination of its solid waste contracts. Debtor National Environmental Waste Corporation (“Newco”) opposed the motion on the ground that the City’s action was void and not subject to any exceptions to the automatic stay in the Bankruptcy Code. The issues before the Court are (1) whether the actions of the City qualify under the automatic stay…

2Cases cited9 opinions

  1. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  2. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  3. Bankr. L. Rep. P 69,953 in the Matter Of: Arthur R. Matthews, Jr., Debtor-Appellant v. Martin J. Rosene and John K. KneafseyCourt of Appeals for the Seventh Circuit · 1984
  4. In Re Computer Communications, Inc., Debtor. Computer Communications, Inc. v. Codex CorporationCourt of Appeals for the Ninth Circuit · 1987
  5. Job v. Calder (In re Calder)Court of Appeals for the Tenth Circuit · 1990

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3Cited by15 opinions

  1. In Re National Environmental Waste Corp., a California Corporation, Debtor. National Environmental Waste Corp., a California Corporation v. City of Riverside, a Political Subdivision of the State of California, in Re National Environmental Waste Corp., a California Corporation, Debtor. City of Riverside, a Political Subdivision of the State of California v. National Environmental Waste Corp., a California CorporationCourt of Appeals for the Ninth Circuit · 1997
  2. United States v. HarcharDistrict Court, N.D. Ohio · 2007
  3. Holden v. United States of America (Internal Revenue Service) (In Re Holden)United States Bankruptcy Court, D. Vermont · 1999
  4. In Re BarrUnited States Bankruptcy Court, M.D. Florida · 2004
  5. In re SchumannUnited States Bankruptcy Court, D. New Mexico · 2016

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