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United States Third Circuit


In Re: Mystic Tank Lines Corp., 06-4033

In a bankruptcy case, allowance of a state government's claim against debtor for damages for cleanup of contamination at a gas station is affirmed where: 1) the claim was subject to the police-power exception to the automatic stay against the pursuit of money judgments in bankruptcy cases; and 2) a state court had jurisdiction to enter a default judgment against debtor, notwithstanding that the state had already brought a related claim before the bankruptcy court.

Appellate Information

  • Decided 10/16/2008
  • Published 10/16/2008

Judges

  • Before:  SLOVITER and AMBRO, Circuit Judges, and POLLAK, District Judge.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Albert A. Ciardi, III, Nicole M. Nigrelli, Ciardi Ciardi & Astin, Philadelphia, PA, for Appellant.

  • For Appellees:
  • Oren L. Zeve, Office of Attorney General of the State of New York, New York, NY, for Appellee.
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