1. Home
  2. Browse Decisions
  3. B.R.
  4. 438 B.R.
  5. 438 B.R. 460 (2010)
 

IN RE MARK IV INDUSTRIES, INC.

Bankruptcy No. 09-12795 (SMB). Adversary No. 09-1507(SMB).

438 B.R. 460 (2010)

In re MARK IV INDUSTRIES, INC., Debtor. Mark IV Industries, Inc., Plaintiff, v. The New Mexico Environment Department, and Chant Family II Limited Partnership, Defendants/Counterplaintiffs, v. Mark IV Industries, Inc., Counterdefendant.

United States Bankruptcy Court, S.D. New York.

October 21, 2010.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York, NY, Jay M. Goffman, Esq. , Of Counsel, Chicago, IL, J. Eric Ivester, Esq. , Matthew M. Murphy, Esq. , Of Counsel, Washington, D.C., Kenneth Berlin, Esq. , Elizabeth Malone, Esq. , Of Counsel, for Mark IV Industries, Inc.

David T. Thuma, Esq. , Albuquerque, NM, for Chant II Limited Partnership.

United States Attorney for the Southern District of New York, New York, NY, Daniel P. Filor, Esq. , Alicia M. Simmons, Esq. , Assistant United States Attorneys, for the United States Environmental Protection Agency.

Charles de Saillan, Esq. , Assistant General Counsel, Santa Fe, NM, for New Mexico Environment Department.

MEMORANDUM DECISION REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT

STUART M. BERNSTEIN, Bankruptcy Judge.

Mark IV Industries Inc. ("Mark IV") commenced this adversary proceeding, inter alia, to obtain a declaratory judgment that certain environmental cleanup and remediation obligations1 were discharged under 11 U.S.C. § 1141(d)(3). (See Complaint, dated Oct. 5, 2009 (ECF Doc. # 1).)2

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases