Legal Opinion
Commonwealth of Pennsylvania Department of Environmental Resources v. Tri-State Clinical Laboratories, Inc., Joseph Nigro, Trustee
Court of Appeals for the Third Circuit
Decided June 2, 1999No. 98-3332PublishedCited by 41 opinions
1Opinion of the Court
OPINION OF THE COURT
McKEE, Circuit Judge.
We are asked to decide if a criminal fine is entitled to priority as an administrative expense under Chapter 7 of the Bankruptcy Code. The fine was imposed upon a debtor in possession for post-petition conduct that violated Pennsylvania’s Solid Waste Management Act. Pennsylvania’s Department of Environmental Resources (“DER”) filed a proof of claim in which it asserted that it was entitled to have the fine paid as an administrative expense under § 503(b) of the Bankruptcy Code. The bankruptcy court disagreed, and sustained the trustee’s objection to…
2Cases cited17 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Russello v. United StatesSupreme Court of the United States · 1983
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Moskal v. United StatesSupreme Court of the United States · 1990
12 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- In Re Philadelphia Newspapers, LLCCourt of Appeals for the Third Circuit · 2012
- In Re: Tracey L. SchickCourt of Appeals for the Third Circuit · 2005
- In Re: Gi Nam City of Philadelphia v. Gi Nam Marvin Krasny, Chapter 7 Trustee Frederic Baker, Assistant U. S. Trustee, Trustees City of PhiladelphiaCourt of Appeals for the Third Circuit · 2001
- Energy Future Holdings Corp. v.Court of Appeals for the Third Circuit · 2021
- In Re Ames Department Stores, Inc.United States Bankruptcy Court, S.D. New York · 2004
36 more not listed; retrieve them via the Exa API.