EPA v. SHORE COMPANY, INC.

Case summary

THE SHORE COMPANY SITE IS LOCATED IN KILGORE (GREGG COUNTY) TEXAS. IN 1982, SHORE FILED FOR BANKRUPTCY IN THE EASTERN DISTRICT OF TEXAS. SHORE ORIGINALLY FILED THE BANKRUPTCY UNDER CHAPTER 11, BUT THE FILING WAS LATER CONVERTED TO CHAPTER 7. IN APRIL OF 1991, THE TRUSTEE OF THE BANKRUPTCY ESTATE FILED A MOTION REQUESTING THE COURT TO ORDER HIM TO ABANDON THE ESTATE'S REAL AND PERSONAL PROPERTY LOCATED IN GREGG COUNTY, TEXAS, SO THE ESTATE MAY BE CLOSED AND THE ASSETS DISTRIBUTED. APPARENTLY, THE TRUSTEE AND HIS PREDECESSORS MADE NUMEROUS ATTEMPTS TO SELL THE REAL AND PERSONAL PROPERTY BUT WERE UNABLE TO FIND A BUYER DUE TO ENVIRONMENTAL CONCERNS ASSOCIATED WITH THE SITE . THE TRUSTEE CLAILMS THE PROPERTY IS BURDENSOME TO THE ESTATE OR OF INCONSEQUENTIAL VALUE AND BENEFIT TO THE ESTATE AND THEREFORE IS ELIGIBLE FOR ABANDONMENT. THE U.S. TRUSTEE FILED A STATEMENT IN SUPPORT OF THE TRUSTEE'S MOTION IN APRIL OF 1991. SUBSEQUENTLY, THE U.S. FILED AN OBJECTION TO THE TRUSTEE'S MOTION ON MAY 13, 1991. ON JUNE 18, 1991, THE BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS, TYLER DIVISION, HELD A HEARING TO DETERMINE WHETHER THE TRUSTEE SHOULD BE ALLOWED TO ABANDON THE PROPERTY. AT THE HEARING, THE U.S. PRESENTED EVIDENCE OF THE HISTORY OF THE SITE AND THE CURRENT CONDITIONS OF THE SITE. THE TRUSTEE ALSO PRESENTED EVIDENCE REGARDING THEIR REASON FOR WANTING TO ABANDON THE PROPERTY. JUDGE SHARP IS TAKING THE MATTER UNDER ADVISEMENT. JUDGE SHARP DISCUSSED SOME OF HIS CONCERNS AFTER HEARING THE EVIDENCE. HE WAS CONVINCED THERE WAS NO EMERGENCY SO THAT HE COULD TAKE TIME TO CONSIDER THE MATTER. HE STATED HE WAS CONCERNED THAT NO TESTIMONY WAS PRESENTED THAT THE PROPERTY WOULD BE BURDENSOME ONCE THE ESTATE WAS CLEANED UP. HE IS ALSO CONCERNED THAT THE PROPERTY MAY REVERT BACK TO WILLIAM SHORE, THE FORMER OPERATOR OF SHORE COMPANY. THERE IS MONEY AVAILABLE IN THE ESTATE TO CLEAN-UP THE PROPERTY. JUDGE SHARP GRANTED THE TRUSTEES MOTION TO ABANDON THE CONTAMINATED PROPERTY IN 10/91.

Defendants (1)

• SHORE COMPANY, INC.Named in complaint

Facilities (1)

• SHORE COMPANY INC

  2204 NORTH LONGVIEW STREET, KILGORE, TX, 75662

  Registry ID: 110005043951

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Timeline (3 milestones)

• 1991-05-12Enforcement Action Data Entered
• 1991-05-12Referred To Dept Of Justice
• 1991-05-13Complaint Filed With Court