Environmental Obligations in Bankruptcy: Reconciling the Conflicting Goals of Bankruptcy and Environmental Laws
Addressing Pre- vs. Post-Petition Claims, Enforcement Actions, Statutory Super Liens, Asset Sales, Abandonment and More
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will investigate the conflicts that exist between the Bankruptcy Code and state and federal environmental statutes and provide bankruptcy counsel with an understanding of how these issues are resolved in bankruptcy proceedings. The panel will review relevant court decisions and why some environmental claims receive special treatment in bankruptcy.
- Dischargeability of environmental claims under Chapter 11
- Exceptions to discharge
- Performance of obligations to prevent harm
- Claims for statutory obligations arising post-petition
- Bankruptcy Court jurisdiction over environmental claims
- Exceptions to automatic stay relating to governnmental agencies
- Creating or perfecting environmental lien post-petition
- Enforcement actions under CERCLA and other statutes
- Standing of governmental agencies with environmental claims to influence the outcome of the bankruptcy case
- Treatment of post-petition environmental cleanup as an administrative expense
- Addressing contingent environmental claims
- Disposition of contaminated assets
- Environmental reserves and trusts
The panel will review these and other key issues:
- When are environmental claims dischargeable in bankruptcy, and what are the exceptions?
- What kinds of governmental actions are unaffected by the automatic stay?
- How are contingent environmental claims treated in bankruptcy, and which claims are deemed to be post-petition?
- Can the bankrupt debtor sell or abandon contaminated assets?
- How can governmental agencies with environmental claims influence the outcome of the bankruptcy case?
Martin T. Booher
Mr. Booher practices within the oil and gas, renewable and clean energy, utilities, power, and pipeline industries. He... | Read More
Mr. Booher practices within the oil and gas, renewable and clean energy, utilities, power, and pipeline industries. He has significant experience representing and advising clients on complex compliance, transactions, financing, remediation, and project development matters throughout the United States and Latin America. He has a strong environmental background and understanding of the issues facing the industry. He serves as co-leader of the firm's national Energy team.Close
Elizabeth A. Green
Ms. Green practices primarily in the areas of bankruptcy and creditors' rights and is the leader of the Firm's... | Read More
Ms. Green practices primarily in the areas of bankruptcy and creditors' rights and is the leader of the Firm's national Bankruptcy, Restructuring and Creditors' Rights team. Her focus is on the financial services industry, energy industry and healthcare industry. She represents corporate debtors and secured creditors, unsecured creditors, committees, bondholders, and trustees in bankruptcy cases of corporate and individual debtors. She also has experience with out-of-court workouts, assignments for the benefit of creditors and the representation of receivers.Close
Mr. Gurley advises clients on mergers and acquisitions, complex restructurings and private placements of debt and... | Read More
Mr. Gurley advises clients on mergers and acquisitions, complex restructurings and private placements of debt and equity securities. He regularly represents public and private companies, and advises their respective boards of directors and senior management on developing solutions for reorganizing capital structures and business operations. His clients include companies in a range of industries, including energy, maritime, manufacturing, and consumer products/retail. He has also advised private equity funds, distressed investors and commercial banks on a range of M&A and restructuring initiatives.Close