· 10/25/1993
In Re Torwico Electronics, Inc., Debtor. Torwico Electronics, Inc. v. State of New Jersey, Department of Environmental Protection
Citations
- 8 F.3d 146
- 24 Envtl. L. Rep. (Envtl. Law Inst.) 20016
- 30 Collier Bankr. Cas. 2d 86
- 37 ERC (BNA) 1809
- 1993 U.S. App. LEXIS 27612
- 24 Bankr. Ct. Dec. (CRR) 1394
- 1993 WL 427247
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that state cleanup order is not a dischargeable claim under 11 U.S.C. § 101(5)(B) because neither the statute nor the court order at issue provided a right to payment
- determining that obligations under orders or statutes like ISRA or RCRA — that require performance rather than payment — are not “claims” subject to discharge and holding that debtor was required to clean up its former site of operations
- finding, in determining whether an injunction was dischargeable, that the relevant issue was whether the state has a right to payment
- seeking to impose cleanup of hazardous wastes
Source: CourtListener parenthetical corpus (CC0).
Judges: Stapleton, Hutchinson, Roth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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