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Environmental Bankruptcy Law: A Practice Guide
Paperback
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ISBN13: 9781639052868
Publisher: Amer Bar Assn
Published: Nov 28 2023
Pages: 432
Weight: 1.25
Height: 1.00 Width: 6.00 Depth: 9.00
Language: English
Environmental Bankruptcy Law covers such topics as:
- A brief history of bankruptcy law and its general purposes and key concepts (Chapter 2)
- The different chapters of the Bankruptcy Code (Chapter 3)
- The timeline of a typical bankruptcy case (Chapter 4)
- Key statutory provisions (Chapter 5)
- Obtaining information in bankruptcy cases (Chapter 6)
- Filing proofs of claim and administrative expense applications (Chapter 7)
- The distinction between the treatment of compliance obligations versus the treatment of monetary liabilities under environmental bankruptcy law and the differences in treatment based on whether an environmental bankruptcy issue involves property of the estate. (Chapter 8)
The Practice Guide then examines the case law that addresses:
- The obligation to comply with nonbankruptcy law in managing and operating property of the estate (Chapter 9)
- The scope of the police or regulatory exception to the automatic stay (Chapter 10)
- Equitable remedies such as cleanup orders and bankruptcy law (Chapter 11)
- The priority of environmental claims and compliance obligations compared to other claims and liabilities (Chapter 12)
- When environmental claims arise and become dischargeable in bankruptcy (Chapter 13)
- Options for dealing with contaminated property owned by the bankruptcy estate (Chapter 14)
- Free and clear sales of contaminated property under bankruptcy law (Chapter 15)
- Plan confirmation objections based on feasibility, provisions forbidden by law, and the permissible scope of discharge of environmental liabilities (Chapter 16)
- Estimation and adjudication of environmental claims in bankruptcy (Chapter 17)
- Abandonment of contaminated property in bankruptcy (Chapter 18)
- Insurance coverage when addressing environmental liabilities in a bankruptcy proceeding (Chapter 19)
- Discussions of jurisdictional and standing issues in environmental bankruptcy cases including withdrawal of the reference (Chapter 20) and environmental settlements (Chapter 21).
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