Ohio v. Kovacs, Dba B & W Enterprises et al. (469 U.S. 274)
U.S. Supreme Court · decided January 9, 1985 · Supreme Court Database (Spaeth)
- Citation
- 469 U.S. 274 · 105 S. Ct. 705
- Decided
- January 9, 1985
- Term
- October Term 1984
- Vote
- 9–0
- Majority author
- Justice White
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
<opinion type="majority"> <author id="b417-10">Justice White</author> <p id="Ako">delivered the opinion of the Court.</p> <p id="b417-11">Petitioner State of Ohio obtained an injunction ordering respondent William Kovacs to clean up a hazardous waste site. A receiver was subsequently appointed. Still later, Kovacs filed a petition for bankruptcy. The question before us is whether, in the circumstances present here, Kovacs’ obligation under the injunction is a “debt” or “liability on a claim” subject to discharge under the Bankruptcy Code.</p> <p id="b418-4"><page-number citation-index="1" label="276">*276</page-number>I</p> <p id="b418-5">Kovacs was the chief executive officer and stockholder of Chem-Dyne Corp., which with other business entities operated an industrial and hazardous waste disposal site in Hamilton, Ohio. In 1976, the State sued Kovacs and the business entities in state court for polluting public waters, maintaining a nuisance, and causing fish kills, all in violation of state environmental laws. In 1979, both in his individual capacity and on behalf of Chem-Dyne, Kovacs signed a stipulation and judgment entry settling the lawsuit. Among other things, the stipulation enjoined the defendants from causing further pollution of the air or public waters, forbade bringing additional industrial wastes onto the site, required the defendants to remove specified wastes…
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