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IN RE TORWICO ELECTRONICS, INC.

No. 93-5021.

8 F.3d 146 (1993)

In re TORWICO ELECTRONICS, INC., Debtor. TORWICO ELECTRONICS, INC., Appellant, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION.

United States Court of Appeals, Third Circuit.

Decided October 25, 1993.

Attorney(s) appearing for the Case

Robert J. Del Tufo, Atty. Gen., Joseph L. Yannotti, Asst. Atty. Gen., Rachel Jeanne Lehr (argued), Deputy Atty. Gen., Trenton, NJ, for appellee.

Timothy P. Neumann (argued), David E. Shaver, Wood, Broege, Newmann & Fischer, Manasquan, NJ, for appellant.

Before: STAPLETON, HUTCHINSON and ROTH, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

This case involves an attempt by the State of New Jersey to force Torwico Electronics, a debtor in chapter 11 bankruptcy, to comply with its obligations under state and federal environmental laws. Torwico asserts that these obligations are "claims," within the meaning of 11 U.S.C. § 101(5), and that, because the state failed to timely file a proof of claim, it is no longer responsible for them. The state...

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