Legal Opinion
United States Department of Interior v. James W. Elliott, Jr., Trustee, in Re Elkins Energy Corp., Debtor
Court of Appeals for the Fourth Circuit
Decided May 6, 1985No. 84-1826PublishedCited by 18 opinions
1Opinion of the Court
DONALD RUSSELL, Circuit Judge:
Appellant United States Department of the Interior (DOI) appeals from the district court’s decision, which affirmed the bankruptcy court, denying its claim for an administrative expense for penalties assessed against the debtor in possession for post-petition violations of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201-1328 (1983) (Surface Mining Act). The sole issue raised by this appeal is whether postpetition environmental penalty claims are allowable under section 57(j) of the Bankruptcy Act, former 11 U.S.C. § 93(j) (1976), as an…
2Cases cited17 opinions
- Nicholas v. United StatesSupreme Court of the United States · 1966
- Simonson v. GranquistSupreme Court of the United States · 1962
- Boteler v. IngelsSupreme Court of the United States · 1939
- United States v. FeinblattDistrict Court, D. Maryland · 1975
- In the Matter of Unified Control Systems, Inc., Bankrupt. James S. Mahon, Trustee in Bankruptcy v. United States Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1978
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re Wall Tube & Metal Products CompanyCourt of Appeals for the Sixth Circuit · 1987
- 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. Chateaugay Corp. (In Re Chateaugay Corp.)District Court, S.D. New York · 1990
- In Re EA Nord Co., Inc.United States Bankruptcy Court, W.D. Washington · 1987
- In Re Garfinckels, Inc.District Court, District of Columbia · 1996
13 more not listed; retrieve them via the Exa API.