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United States v. Whizco, Inc.

ELR Citation: 18 ELR 20571
Nos. No. 87-5317, 841 F.2d 147/27 ERC 1373/(6th Cir., 03/07/1988)

The court holds that the obligation of a coal company's agent to comply with an injunction issued pursuant to the Surface Mining Control and Reclamation Act requiring reclamation of an area disturbed by mining activity was discharged in the agent's liquidation bankruptcy. The court holds that defendant agent's obligation to comply with the injunction is a "debt" within the meaning of the Bankruptcy Code. Although the terms of the injunction require defendant to perform the reclamation rather than make a monetary payment, defendant's physical inability to undertake the reclamation personally would necessitate the actual expenditure of money. The court holds that to the extent that defendant can act personally, he is not discharged.

Counsel for Plaintiff-Appellant
John W. Gill Jr., U.S. Attorney
P.O. Box 872, Knoxville TN 37901
(615) 673-4561
Jacques B. Gelin
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2762

Counsel for Defendants-Appellees
John F. Weaver, Lawrence H. Bidwell IV
McCord & Weaver
22nd Floor Plaza Tower, Knoxville TN 37901
(615) 637-5252

Before: MERRITT, KENNEDY, and KRUPANSKY, Circuit Judges.