Legal Opinion

Torwico Electronics, Inc. v. New Jersey, Department of Environmental Protection (In Re Torwico Electronics, Inc.)

United States Bankruptcy Court, D. New Jersey

Decided September 27, 1991No. 19-12134PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION

STEPHEN A. STRIPP, Bankruptcy Judge.

This is an opinion on a motion and cross-motion for summary judgment in this adversary proceeding. The Debtor applies for a declaratory judgment that any obligation which it may have to the State of New Jersey under environmental laws to clean up contamination at the Debtor’s former place of business is an unsecured claim under title 11, United States Code (the Bankruptcy Code), and that the State is now barred from collecting because of failure to file a proof of claim within the time required by the Bankruptcy Rules. The Debtor also…

2Cases cited36 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Johnson v. Home State BankSupreme Court of the United States · 1991
  4. Perez. v. CampbellSupreme Court of the United States · 1971
  5. Hagner v. United StatesSupreme Court of the United States · 1932

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3Cited by15 opinions

  1. United States of America, Acting Through the Agricultural Stabilization and Conservation Service v. Willis R. GerthCourt of Appeals for the Eighth Circuit · 1993
  2. Boyd v. Dock's Corner Associates (In Re Great Northern Forest Products, Inc.)United States Bankruptcy Court, W.D. Michigan · 1991
  3. In Re Perma Pacific Properties, a General Partnership, Debtor. David A. Gill, Trustee v. Eustace H. Winn, Jr.Court of Appeals for the Tenth Circuit · 1992
  4. Trump Taj Mahal Associates v. Alibraham (In Re Trump Taj Mahal Associates)United States Bankruptcy Court, D. New Jersey · 1993
  5. In Re BennettUnited States Bankruptcy Court, S.D. Ohio · 1992

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