United States Sixth Circuit

In a bankruptcy proceeding, the Bankruptcy Court's order granting the EPA's claim against the Debtor for groundwater cleanup compensation under CERCLA is affirmed, where: 1) the Bankruptcy Court did not err in determining that the Debtor assumed its predecessor's liabilities; and 2) the Bankruptcy Court had no notice of the Trustee's intent to rely on a late-filed expert report.

Appellate Information

• Decided 04/20/2009
• Published 04/20/2009

Judges

• Before:  MARTIN and GILMAN, Circuit Judges;  ZOUHARY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Pierre H. Bergeron, Squire, Sanders & Dempsey, L.L.P., Cincinnati, Ohio, for Appellant.  Anna T. Katselas, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Pierre H. Bergeron, Thomas D. Amrine, Scott A. Kane, Squire, Sanders & Dempsey, L.L.P., Cincinnati, Ohio, for Appellant.  Anna T. Katselas, United States Department of Justice, Washington, D.C., for Appellee.