Environmental laws, propounded in order to hold polluters liable for remediation, are often in conflict with bankruptcy laws’ general principles of a “fresh start” and the ability to shed certain financial burdens. Bankruptcy laws automatic stay is one such protection – the enjoinment of parties from taking actions against the debtor upon the filing of the bankruptcy petition – that is sometimes trumped by environmental law concerns, namely, the police and regulatory exception to the automatic stay.
This webinar addresses the tensions between bankruptcy and environmental law, and examines how bankruptcy law deals with property contamination issues, the sale or abandonment of contaminated property, successor liability, environmental cleanup claims, and dischargeability of governmental claims.
Dan Cohn devotes his practice at Murtha Cullina LLP to financially distressed businesses and is recognized as one of New England's best-known counsel to troubled companies. His experience includes Chapter 11… Read More
Gary is a veteran restructuring attorney focused on all aspects of bankruptcy, workouts, debtor and creditor law, and general commercial litigation. He represents debtors and creditors in Chapter 11 cases,… Read More
Margrethe Kearney practices energy and environmental law in the Midwest-based Environmental Law & Policy Center’s (ELPC) Grand Rapids, MI office. ELPC is a not-for-profit public interest environmental organization that works to… Read More