Description

Environmental Bankruptcy Law: A Practice Guide Alan Tenenbaum ISBN 9781639052868

Environmental Bankruptcy Law provides a comprehensive guide to the intersection of environmental obligations and bankruptcy proceedings. Topics covered include:

• Foundations of Bankruptcy Law: A brief history, general purposes, and key concepts (Chapter 2)

• Bankruptcy Code Overview: The different chapters of the Code and their application (Chapter 3)

• Case Timeline: The stages of a typical bankruptcy case (Chapter 4)

• Key Statutory Provisions: Essential legal requirements and rules (Chapter 5)

• Accessing Information: Strategies for obtaining relevant data in bankruptcy cases (Chapter 6)

• Filing Claims: Proofs of claim and administrative expense applications (Chapter 7)

• Environmental Liabilities: Differentiating compliance obligations from monetary liabilities and their treatment under bankruptcy law, including distinctions based on whether the issue involves "property of the estate" (Chapter 8)

The guide then examines case law addressing critical environmental bankruptcy issues:

• Compliance obligations for managing and operating “property of the estate” (Chapter 9)

• The police or regulatory exception to the automatic stay (Chapter 10)

• Equitable remedies, such as cleanup orders, in bankruptcy (Chapter 11)

• Priority of environmental claims and compliance obligations relative to other liabilities (Chapter 12)

• Timing and dischargeability of environmental claims (Chapter 13)

• Options for contaminated property owned by the estate (Chapter 14)

• Free and clear sales of contaminated property under bankruptcy law (Chapter 15)

• Plan confirmation objections, including feasibility, prohibited provisions, and discharge limits on environmental liabilities (Chapter 16)

• Estimation and adjudication of environmental claims (Chapter 17)

• Abandonment of contaminated property (Chapter 18)

• Insurance coverage considerations for environmental liabilities in bankruptcy (Chapter 19)

• Jurisdictional and standing issues, including withdrawal of the reference (Chapter 20) and environmental settlements (Chapter 21)

This Practice Guide serves as an essential resource for attorneys, regulators, and professionals navigating the complex intersection of environmental law and bankruptcy proceedings.

Environmental Bankruptcy Law: A Practice Guide Alan Tenenbaum ISBN 9781639052868, 978-1639052868 & 9781639052875

Authors
Alan Tenenbaum
Jeanne T Cohn