Legal Opinion

In Re Gollnitz

United States Bankruptcy Court, W.D. New York

Decided September 20, 2011No. 1-19-10445PublishedCited by 5 opinions

1Opinion of the Court

DECISION & ORDER

CARL L. BUCKI, Chief Judge.

In this Chapter 13 proceeding, the New York State Department of Environmental Conservation has moved under 28 U.S.C. § 959(b) to compel the debtor to comply with petroleum bulk storage laws and regulations. At issue is the proper remedy for the violation of ongoing obligations that continue even after confirmation of a debt- or’s plan.

Wade Gollnitz is the owner of real property at S184 North Portage Street in the Village of Westfield, New York. Although he is now retired, Mr. Gollnitz previously used this property to operate a gasoline service…

2Cases cited2 opinions

  1. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  2. In Re GorenfloUnited States Bankruptcy Court, W.D. New York · 2006

3Cited by5 opinions

  1. In re RoseUnited States Bankruptcy Court, W.D. North Carolina · 2014
  2. In re RosaUnited States Bankruptcy Court, D. Hawaii · 2013
  3. In re ZairUnited States Bankruptcy Court, E.D. New York · 2015
  4. In re: Michael Batali and Kellie BataliUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  5. In re: Willie J Jones and Peggy A Rodger-JonesUnited States Bankruptcy Court, N.D. Illinois · 2026

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