Walsh v. West Virginia (In Re Security Gas & Oil, Inc.)
United States Bankruptcy Court, N.D. California
1Opinion of the Court
OPINION
THOMAS E. CARLSON, Bankruptcy Judge.
This case raises the oft-debated question whether a bankruptcy debtor is entitled to protection from a State-created obligation to clean up environmental hazards created by the debtor prior to the filing of the bankruptcy petition.
The following facts are undisputed. Security Gas & Oil, Inc. (SGO) is a California corporation that operates natural gas and oil wells in West Virginia and other states. SGO filed a petition under chapter 11 of the Bankruptcy Code on July 28, 1983. Plaintiff Edward M. Walsh was later appointed Trustee. Before it filed the…
2Cases cited21 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Ohio v. KovacsSupreme Court of the United States · 1985
- In the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Commonwealth Oil Refining Company, Inc. v. United States Environmental Protection Agency, in the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Official Committee of Unsecured Creditors v. United States Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1986
- Penn Terra Ltd. v. Department of Environmental ResourcesCourt of Appeals for the Third Circuit · 1984
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3Cited by18 opinions
- In Re N.P. Mining Company, Inc., Debtor. Alabama Surface Mining Commission v. N.P. Mining Company, Inc., C. Michael Stilson, TrusteeCourt of Appeals for the Eleventh Circuit · 1992
- Boyd v. Dock's Corner Associates (In Re Great Northern Forest Products, Inc.)United States Bankruptcy Court, W.D. Michigan · 1991
- Public Service Co. of New Hampshire v. New Hampshire (In Re Public Service Co.)United States Bankruptcy Court, D. New Hampshire · 1989
- In Re WilsonUnited States Bankruptcy Court, E.D. Virginia · 1989
- Federal Trade Commission v. First Alliance Mortgage Co. (In Re First Alliance Mortgage Co.)District Court, C.D. California · 2001
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