Mark IV Industries, Inc. v. New Mexico Environment Department

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Mark IV Industries, Inc. (“Mark IV”) seeks to appeal the decision of the Bankruptcy Court for the Southern District of New York (“Bankruptcy Court”), which held that Mark IV’s environmental cleanup obligation was not a dischargeable “claim” under the Bankruptcy Code. Mark IV moves for this Court to certify a direct appeal to the United States Court of Appeals for the Second Circuit (the “Second Circuit”) pursuant to section 158(d)(2)(A) of Title 28 of the United States Code. The New Mexico Environment Department (“NMED”),…