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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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