Legal Opinion
Munce's Superior Petroleum Products, Inc. v. NH Department of Environmental Services
District Court, D. New Hampshire
Decided March 25, 2013No. Civil No. 12-cv-262-JL; Opinion No. 2013 DNH 042PublishedCited by 3 opinions
1Opinion of the Court
OPINION AND ORDER
JOSEPH N. LAPLANTE, District Judge.
This appeal from an order of the Bankruptcy Court in a Chapter 11 proceeding presents a narrow issue of the priority of postpetition fines assessed against a debt- or-in-possession. Debtors-in-possession Harold P. Munce and Munce’s Superior Petroleum Products, Inc. (collectively, “appellants” 1) argue that the Bankruptcy Court erred in concluding that nearly $200,000 in fines assessed against them for contempt in a state-court environmental action qualified as “the actual, necessary costs and expenses of preserving the estate,” 11 U.S.C. §…
2Cases cited13 opinions
- Palmacci v. UmpierrezCourt of Appeals for the First Circuit · 1997
- Reading Co. v. BrownSupreme Court of the United States · 1968
- McCrory v. Spigel (In Re Spigel)Court of Appeals for the First Circuit · 2001
- In Re David F. Laroche. David F. Laroche v. Amoskeag BankCourt of Appeals for the First Circuit · 1992
- Rocafort v. IBM Corp.Court of Appeals for the First Circuit · 2003
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3Cited by3 opinions
- Ross v. Garcia (Garcia)Bankruptcy Appellate Panel of the First Circuit · 2015
- Munce's Superior Petroleum Products, Inc. v. N.H. Department of Environmental ServicesCourt of Appeals for the First Circuit · 2013
- Munce, et al. V. NH Dept. of Environmental Services, et al.District Court, D. New Hampshire · 2013