Legal Opinion

In Re Stevens

District Court, D. Maine

Decided January 6, 1987No. Civ. 85-0418-BPublishedCited by 38 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

CYR, Chief Judge.

The appeal in this chapter 7 bankruptcy proceeding presents the question whether the cost of a postpetition cleanup of a pre-petition environmental hazard constitutes a first priority administrative expense or an unsecured claim.

FACTS

The parties have stipulated to the pertinent facts. Prior to the filing of their bankruptcy petition, the debtors owned and operated a scrap metal business and junkyard in Littleton, Maine. While operating the business, debtors acquired drums containing waste oil which were stored on a farm adjacent to debtors’ property. In…

2Cases cited10 opinions

  1. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  2. Ohio v. KovacsSupreme Court of the United States · 1985
  3. Hassett v. Revlon, Inc. (In Re O. P. M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
  4. In Re T.P. Long Chemical, Inc.United States Bankruptcy Court, N.D. Ohio · 1985
  5. In The Matter Of Quanta Resources Corp.Court of Appeals for the Third Circuit · 1984

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3Cited by38 opinions

  1. In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
  2. In Re Hemingway Transport, Inc., Debtors. Juniper Development Group, Etc. v. Herbert C. Kahn, Etc., (Two Cases) in Re Hemingway Transport, Inc., Debtors. Juniper Development Group, Etc. v. Herbert C. Kahn, Etc., in Re Hemingway Transport, Inc., Debtors. Juniper Development Group, Etc. v. Herbert C. Kahn, Etc.Court of Appeals for the First Circuit · 1993
  3. In Re National Gypsum Co.District Court, N.D. Texas · 1992
  4. United States v. LTV Corp. (In re Chateaugay Corp.)Court of Appeals for the Second Circuit · 1991
  5. Bowen Engineering v. Estate of ReeveDistrict Court, D. New Jersey · 1992

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