Legal Opinion
In Re Commonwealth Oil Refining Co., Inc.
United States Bankruptcy Court, W.D. Texas
Decided May 17, 1985No. 19-30314PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
JOSEPH C. ELLIOTT, Bankruptcy Judge.
Pending before the Court is debtor’s motion for an order determining the applicability of the Bankruptcy Code’s automatic stay provision, 11 U.S.C. § 362(a)(1), to an impending enforcement action by the United States Environmental Protection Agency (“EPA”) under section 3008 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6901-6987 (1982). In the alternative, CORCO has moved for an order staying EPA’s enforcement action pursuant to 11 U.S.C. § 105. EPA opposes the motion.
Aft…
2Cases cited5 opinions
- Ohio v. KovacsSupreme Court of the United States · 1985
- Southern Monorail Company v. Robbins & Myers, Inc.Court of Appeals for the Fifth Circuit · 1982
- Matter of Canarico Quarries, Inc.District Court, D. Puerto Rico · 1979
- Bela M. Haberern v. The Lehigh and New England Railway CompanyCourt of Appeals for the Third Circuit · 1977
- Carpenters Local Union No. 2746 v. Turney Wood Products, Inc.District Court, W.D. Arkansas · 1968
3Cited by4 opinions
- In the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Commonwealth Oil Refining Company, Inc. v. United States Environmental Protection Agency, in the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Official Committee of Unsecured Creditors v. United States Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1986
- In re JohnsonUnited States Bankruptcy Court, W.D. Michigan · 2015
- United States v. Environmental Waste Control, Inc.District Court, N.D. Indiana · 1991
- Commonwealth Oil Refining Co. v. United States Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1986