IN RE MUNCE'S SUPERIOR PETROLEUM PRODUCTS, INC.

No. 13-1380.

736 F.3d 567 (2013)

In re MUNCE'S SUPERIOR PETROLEUM PRODUCTS, INC.; Gorham Oil, Inc.; Superior Trucking, Inc.; Munce's Real Estate Ventures, LLC; BMRA Real Estate Ventures, LLC; Harold P. Munce; Marilyn J. Munce, Debtors. Munce's Superior Petroleum Products, Inc.; Harold P. Munce, Appellants, v. N.H. Department of Environmental Services, Appellee.

United States Court of Appeals, First Circuit.

November 20, 2013.


Attorney(s) appearing for the Case

Robert J. Keach , with whom Jessica A. Lewis , Bernstein Shur Sawyer & Nelson, Daniel W. Sklar , Holly J. Kilibarda , and Nixon Peabody were on brief, for appellants.

Peter C.L. Roth , Senior Assistant Attorney General, with whom Ann M. Rice , Deputy Attorney General was on brief, for appellee.

Frederick H. Turner , with whom James Bove , Aaron P. Avila , and Robert G. Dreher , Acting Assistant Attorney General, were on brief, for United States, amicus curiae.

Before LYNCH, Chief Judge, SELYA, Circuit Judge, and HILLMAN, District Judge.


LYNCH, Chief Judge.

This case arises at the intersection of environmental law and bankruptcy law. It involves the important question of whether a post-petition contempt fine assessed by a state court against a debtor-in-possession is entitled to administrative expense priority under 11 U.S.C. § 503(b)(1)(A). On the facts of this case, we hold that it is, and so affirm the bankruptcy court's order, as did the district court. See Order Granting Motion for...

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