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.
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Michael focuses his practice on corporate restructuring, commercial bankruptcy, business counseling, and creditors’ rights matters. As a member in the firm’s Strategic Advisory and Restructuring Department, he represents businesses as… 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
Joel Gross is a partner in Arnold & Porter LLP’s Washington, DC, office, which he joined in August 2000 after having served as Chief of the Environmental Enforcement Section at… Read More