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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.