Court of Appeals for the Third Circuit June 2, 1999, 98-3332 (Commonwealth of Pennsylvania Department of Environmental Resources v. Tri-State Clinical Laboratories, Inc., Joseph Nigro, Trustee)

OPINION OF THE COURT

McKEE, Circuit Judge.

We are asked to decide if a criminal fine is entitled to priority as an administrative expense under Chapter 7 of the Bankruptcy Code. The fine was imposed upon a debtor in possession for post-petition conduct that violated Pennsylvania’s Solid Waste Management Act.