Legal Opinion
Borden, Inc. v. Wells-Fargo Business Credit (In re Smith-Douglass, Inc.)
Court of Appeals for the Fourth Circuit
Decided September 6, 1988No. Nos. 87-1683, 87-1684PublishedCited by 25 opinions
1Opinion of the Court
MERHIGE, Senior District Judge:
The matter before the Court presents the question of the conditions under which a trustee in bankruptcy will be permitted to abandon property on which violations of state environmental laws exist. For the reasons set forth below, we affirm the finding that unconditional abandonment was appropriate.
Background
In the course of its attempted reorganization,1 the debtor Smith-Douglass, Inc. (“Smith-Douglass”) moved to abandon its fertilizer plant at Streator, Illinois. The State of Illinois, Bernard Garrett (“Garrett”), and Borden, Inc. (“Borden”) objected on the…
2Cases cited8 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- In Re Peerless Plating Co.United States Bankruptcy Court, W.D. Michigan · 1987
- Bankr. L. Rep. P 67,606 the National Collection Agency, Inc. v. Kenneth Frank TrahanCourt of Appeals for the Ninth Circuit · 1980
- White v. Coon (In Re Purco, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- New Mexico Environment Department v. Foulston (In re L.F. Jennings Oil Co.)Court of Appeals for the Tenth Circuit · 1993
- In Re McCrory Corp.United States Bankruptcy Court, S.D. New York · 1995
- In re HowardUnited States Bankruptcy Court, S.D. Mississippi · 2015
- In Re Sheffield Oil Co., Inc.United States Bankruptcy Court, M.D. Alabama · 1993
- (PC) Benoite v. DoererDistrict Court, E.D. California · 2025
20 more not listed; retrieve them via the Exa API.