Top Practitioners Analyze the Challenges of Bankruptcy Security for Companies
When a company saddled with potential environmental liabilities seeks bankruptcy protection, the goals of Chapter 11 — giving the reorganized debtor a ”fresh start” and fairly treating similarly situated creditors — can conflict with the goals of environmental laws, such as ensuring that the ”polluter pays.” Recent bankruptcy cases and bench decisions have clearly shown the struggle within the courts to reconcile this tension.
Three of the nation’s top lawyers will share their expertise in bankruptcy and environmental law as they discuss recent legal developments and share strategies for navigating this complex area of the law in a new webinar, Addressing Environmental Claims in Bankruptcy Proceedings from BNA Environmental, Health, & Safety.
In this 60-90 minute session, the speakers will offer practical advice to help attendees:
- Identify whether an environmental obligation is a “claim” under the Bankruptcy Code.
- Become familiar with recent legal developments relating to the dischargeability of environmental claims.
- Analyze whether claims for contribution toward environmental remediation are allowable claims in bankruptcy.
- Know the strategies that companies in distress may employ to maximize the likelihood that environmental claims will be dischargeable in bankruptcy proceedings.
- Understand potential advantages of pursuing the sale of assets under Section 363 of the Bankruptcy Code when significant environmental liability is involved.
- Develop approaches to negotiating environmental claims with governmental agencies.
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Posted by admin
on Aug 31 2011. Filed under Arlington News.
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