Court of Appeals for the Eleventh Circuit June 23, 1992, No. 91-7342 (Alabama Surface Mining Commission v. N.P. Mining Co. (In re N.P. Mining Co.))

KRAVITCH, Circuit Judge:

The Alabama Surface Mining Commission (“ASMC” or “Commission”) appeals from a decision of the bankruptcy court, affirmed by the district court, holding that under the facts of this case, punitive civil penalties assessed after the debtor filed a voluntary petition for protection under chapter 11 and before the case was converted to chapter 7 liquidation proceedings were