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GENERAL33643
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Last modified
8/24/2016 7:55:30 PM
Creation date
11/23/2007 7:41:57 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Date
5/18/1993
Doc Name
MEMO DECISION & ORDER RELATED TO DESTORS OBJECTION DATED 10/02/92 TO CLAIM OF MLB DEBOTS MOTION DATE
Media Type
D
Archive
No
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exception to the statutorily unqualified power of abandonment. See, In re Paolella, 79 B.R. <br />fi07; 610 (Bankr. E.D. Pa. 1987); !n re Purco, 76 B.R. 523, 533 (Banta. W.D. Pa. ]987). <br />In Midlantic the Supreme Court established an exception to abandonment <br />under § 554(a) where abandonment would be in "direct contravention of state and local laws <br />designed to protect public health and safety." Id. at 762. Before state environmental laws <br />can operate to restrict the otherwise unfettered abandonment power under § 554(a), <br />"imminent and identifiable harm" to the public health or safety must be shown. Midlantic, <br />474 U.S. at 507, n. 9." Since Midlantic, courts have struggled with balancing a debtor's <br />need to abandon property with the need to protect the public health and safety. <br />In In Re Franklin Signal Corp., 65 B.R. 268 (Bankr. D. Minn. 1986), the court <br />developed guidelines to determine under what conditions a bankruptcy court may approve <br />abandonment of property in contravention of state law. The court rejected a strict <br />interpretation of Midlandc by holding that a trustee's power of abandonment of property in <br />contravention of state law is not restricted if conditions are formulated that will adequately <br />protect the public health and safety. Id. at 271; see also, In re Oklahoma Refining Co., 63 <br />B.R. 562 (Banta. W.D. Okla. 1986). Although conditions for abandonment must be <br />° 'iLe bankruptry trustee in Midlands requested court approval to abaadoa two waste oil <br />processing fadlities that had accepted a substantial quantity of oil contaminated with PCBs. 'ILe estimated <br />cost o[ cleaning-up and removing the contaminated oil substantially exceeded the value of the two sites to the <br />estate, thus presenting a net burden to the estate. Abandonment would have been in direct contravention of <br />state and lonl laws, nevertheless, the trustee moved to abaadoa the facilities as a burden to the estate. 'I3e <br />Supreme Court denied the motion to abaadoa, stating that abandonment of the properties would be in <br />wntraventioa of state or lonl laws designed to protect public health and safety. Midlanric clearly indicated <br />that the waste oil facilities posed a very serious threat to the public TLe facilities contained approximately <br />470,000 gallons o[ oil contaminated with highly toxic, nrcinogenic PC& in unguarded and deteriorating <br />containers. Id at 497. <br /> <br />
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