Introducing ATLASLearn more
Legal Opinion

In re Appalachian Fuels, LLC

Bankruptcy Appellate Panel of the Sixth Circuit

Decided April 19, 2013No. BAP No. 12-8026PublishedCited by 14 opinions

1Opinion of the Court

OPINION

ARTHUR I. HARRIS, Bankruptcy Judge.

This appeal requires us to explore the complex intersection between environmental law and bankruptcy. At issue is whether the bankruptcy court abused its discretion when it denied an application for administrative expenses filed by the West Virginia Department of Environmental Protection (WVDEP) against two affiliated Chapter 11 debtors. The bankruptcy court denied WVDEP’s administrative expense claims in their entirety after addressing the threshold question of whether one or both of these affiliated debtors should be held jointly and severally…

2Cases cited39 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. United States v. BestfoodsSupreme Court of the United States · 1998
  3. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  4. McPherson v. KelseyCourt of Appeals for the Sixth Circuit · 1997
  5. Sackett v. Environmental Protection AgencySupreme Court of the United States · 2012

34 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Lim v. Miller Parking Co.District Court, E.D. Michigan · 2016
  2. Lim v. Miller Parking Co.District Court, E.D. Michigan · 2016
  3. Colebrook v. HUFFMANUnited States Bankruptcy Court, M.D. Tennessee · 2024
  4. Colebrook v. ThompsonUnited States Bankruptcy Court, M.D. Tennessee · 2024
  5. Cruz M. Mendez Garcia v. Doral BankUnited States Bankruptcy Court, D. Puerto Rico · 2014

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API