Legal Opinion
In Re N.P. Mining Co.
United States Bankruptcy Court, N.D. Alabama
Decided November 20, 1990No. 16-00319PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
GEORGE S. WRIGHT, Chief Judge.
This case came before the Court on the Alabama Surface Mining Commission’s motion for payment of civil environmental penalties as 11 U.S.C. § 503(b)(1)(A) actual, necessary costs and expenses of preserving the estate. The Commission is the enforcer for state reclamation law for surface mines. The context of this decision is a Motion for Summary Judgment on the issue of the priority expense claim filed by the Commission. Additionally, the Commission objected to submission of briefs and affidavits by the Chapter 7 Trustee and the Debtor on the…
2Cases cited26 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Ohio v. KovacsSupreme Court of the United States · 1985
- In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
- Reading Co. v. BrownSupreme Court of the United States · 1968
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3Cited by5 opinions
- In Re N.P. Mining Company, Inc., Debtor. Alabama Surface Mining Commission v. N.P. Mining Company, Inc., C. Michael Stilson, TrusteeCourt of Appeals for the Eleventh Circuit · 1992
- United States v. Lenard (In Re Lenard)District Court, D. Colorado · 1992
- Clarendon National Insurance v. Coal Stripping, Inc. (In re Coal Stripping, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1997
- Alabama Surface Mining Commission v. N.P. Mining Co.District Court, N.D. Alabama · 1991
- Alabama Surface Mining Commission v. N.P. Mining Co. (In re N.P. Mining Co.)Court of Appeals for the Eleventh Circuit · 1992