United States v. Apex Oil Co., Inc.

MEMORANDUM AND ORDER

HERNDON, District Judge.

I. Introduction

Before the Court is a motion submitted by the government seeking partial summary judgment on its second cause of action. (Doc. 18.) Specifically, the government moves for a declaration pursuant to 28 U.S.C. § 2201 that the injunctive relief it seeks in its first cause of action does not constitute a dischargeable “claim” under the Bankruptcy Code. (Id.) Defendant Apex Oil Company (“Defendant”) disagrees. (Doc. 32.) It maintains that the injunction the government requests does amount to a claim under the Code, and further that this…