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NEC Holdings Corp. v. Linde LLC

ELR Citation: 41 ELR 20185
Nos. No. 10-11890, (Bankr. D. Del., 05/04/2011)

A bankruptcy court held that a property owner's CERCLA and state environmental law claims against the prior property owner are not "core" claims and, thus, fall outside the jurisdiction of the owner's Chapter 11 bankruptcy proceedings. The owner's CERCLA, New Jersey Spill Act, and New Jersey Joint Tortfeasors Contribution Law claims do not involve any substantive rights arising under the Bankruptcy Code. In addition, these claims could arise outside of the bankruptcy context. The court, therefore, dismissed the claims.