Environmentally Contaminated Property Issues When Owners Face Insolvency
Complying with Remediation Requirements and Discharging Cleanup Obligations in Bankruptcy
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide counsel with guidance for dealing with environmental obligations when a company faces insolvency or a client buys property from a bankrupt or distressed entity. The panel will review relevant court decisions and outline best practices for evaluating remediation liabilities in bankruptcy.
Outline
- Bankruptcy law principles
- Different types of bankruptcy
- Description of the process
- Discharge
- What constitutes a “claim” or “debt”
- Conflicting goals of environmental law and bankruptcy law
- CERCLA
- RCRA
- Evaluating environmental liability in bankruptcy
- Which environmental liabilities are “claims”
- When and under what circumstances are environmental claims dischargeable in bankruptcy?
- When and under what circumstances are environmental claims not dischargeable in bankruptcy?
- How are environmental contribution claims among liable parties addressed in bankruptcy?
- Can a bankruptcy trustee be held liable for cleanup of environmentally contaminated property?
- Can property be sold in bankruptcy free and clear of successor liability claims related to clean up of environmentally contaminated property?
- Addressing practical issues that arise for environmental liabilities in bankruptcy?
Benefits
The panel will review these and other key questions:
- When and under what circumstances are environmental claims dischargeable in bankruptcy?
- How are environmental contribution claims among liable parties addressed in bankruptcy?
- Can a bankruptcy trustee be held liable for cleanup of environmentally contaminated property?
Faculty

Tricia H. Foley
Partner
Day Pitney
She practices in the area of the business and regulatory aspects of environmental law. She has orchestrated the... | Read More
She practices in the area of the business and regulatory aspects of environmental law. She has orchestrated the financing and remediation of brownfields development projects and overseen multimillion-dollar remediation projects. She also has experience in green and sustainable business practices and carbon reduction programs.
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Joshua W. Cohen
Partner
Day Pitney
He handles bankruptcy, creditors' rights, lender liability, commercial contract, fraud and business tort cases,... | Read More
He handles bankruptcy, creditors' rights, lender liability, commercial contract, fraud and business tort cases, receiverships, workouts and distressed business and asset transactions. He is certified as a specialist in business bankruptcy by the American Board of Certification and has extensive experience handling complex Chapter 11 cases.
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Tracy Green
Partner
Wendel Rosen Black & Dean
She represents clients in all aspects of their dealings with financially troubled companies. She represents debtors,... | Read More
She represents clients in all aspects of their dealings with financially troubled companies. She represents debtors, creditors’ committees, creditors and trustees in connection with Chapter 11 reorganizations and liquidations, out-of-court work outs, buying and selling assets, assignment for the benefit of creditors, avoidance actions and Chapter 7 liquidations.
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