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MUNCE'S SUPERIOR PETROL v. NH DEPT. OF ENV'L SVCS

Civil No. 12-cv-262-JL. Opinion No. 2013 DNH 042.

490 B.R. 5 (2013)

MUNCE'S SUPERIOR PETROLEUM PRODUCTS, INC. et al. v. NH DEPARTMENT OF ENVIRONMENTAL SERVICES.

United States District Court, D. New Hampshire.

March 25, 2013.

Attorney(s) appearing for the Case

Robert J. Keach , Jessica A. Lewis , Bernstein Shur, Portland, ME, Jennifer Rood , Bernstein Shur Sawyer & Nelson, Manchester, NH, Holly J. Kilibarda , Daniel W. Sklar , Nixon Peabody LLP, Manchester, NH, for Debtors.

Peter C.L. Roth , NH Attorney General's Office (Consumer Protection), Concord, NH, for NH Department of Environmental Services, Appellee.

Geraldine L. Karonis , Manchester, NH, US Trustee.

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 debtor-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...

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