Legal Opinion

Public Service Co. of New Hampshire v. New Hampshire (In Re Public Service Co.)

United States Bankruptcy Court, D. New Hampshire

Decided November 30, 1989No. 19-10219PublishedCited by 28 opinions

1Opinion of the Court

MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

This chapter 11 adversary proceeding involves a eomplaint filed by the plaintiff, Public Service Company of New Hampshire (“PSNH”) against the defendants, State of New Hampshire, and the State of New Hampshire Public Utilities Commission. The complaint is for a declaratory judgment as to the preemptive effect of certain provisions of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq., as against conflicting state regulatory requirements, concerning certain of the restructuring transactions included in the debtor’s pending plan of reorganization.…

2Cases cited144 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  4. United States v. O'BrienSupreme Court of the United States · 1968
  5. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987

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3Cited by28 opinions

  1. The Original Great American Chocolate Chip Cookie Company, Incorporated v. River Valley Cookies, Limited, Robert M. Sigel, Paula SigelCourt of Appeals for the Seventh Circuit · 1992
  2. Tate v. NationsBanc Mortgage Corp. (In Re Tate)United States Bankruptcy Court, W.D. North Carolina · 2000
  3. Behles v. New Mexico Public Service CommissionNew Mexico Supreme Court · 1992
  4. In Re WetherbeeUnited States Bankruptcy Court, D. New Hampshire · 1994
  5. Pacific Gas and Electric Company, a California Corporation Pg & E Corporation v. People of the State of California, Ex. Rel. California Dept of Toxic Substances Control, Central Coast Regional Water Quality Control Board, Colorado River Basin Regional Water Quality Control Board, State Water Resources Control Board, Lahontan Regional Water Quality Board, Central Valley Regional Water Quality Control Board, San Francisco Bay Regional Water Quality Control Board, North Coast Regional Quality Control Board, California Dept Fish and Game, California Dept of Forestry and Fire Protection, California Dept Water Resources, California Environmental Protection Agency, California Highway Patrol, California Dept of Education, Bay Conservation Development Commission, Resources Agency, State Lands Commission, California Dept of Parks and Recreation, California Dept General Services, California Coastal Commission People of the State of California, Ex. Rel. California Dept Transportation City and County of San Francisco California Hydropower Reform Coalition California Public Utilities Commission, and City of Redwood City California Counties of Alameda, Fresno, Kern, Sacramento, San Luis Obispo, Santa Barbara, Santa Clara, Siskiyou, Sonoma, and the City and County of San Francisco United States of America, on Behalf of the U.S. Environmental Protection Agency Official Committee of Unsecured Creditors, People of the State of California, Ex. Rel. California Dept Transportation City and County of San Francisco California Hydropower Reform Coalition California Public Utilities Commission v. Pacific Gas and Electric Company, a California CorporationCourt of Appeals for the Ninth Circuit · 2003

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