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Australia: Stuck in the middle - Court finds liquidators personally liable for environmental remediation costs

In brief

Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Baker McKenzie, Mediation
Australia: Stuck in the middle - Court finds liquidators personally liable for environmental remediation costs

 

In brief

Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Baker McKenzie
Australia: Stuck in the middle - Court finds liquidators personally liable for environmental remediation costs

In brief

Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Baker McKenzie
In Case of Fire, File a Claim

In a recent decision enforcing the discharge injunction under Section 1107(d)(1)(A) of the Bankruptcy Code, the Bankruptcy Court for the Western District of Pennsylvania blocked a creditor from asserting a claim against the debtor after confirmation of the plan. The case of In re Trustees of Conneaut Lake Park, Inc.), No. 14-11277, 2018 Bankr. LEXIS 1447 (JAD) (Bankr. W.D. Pa.

USA, Banking, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Debtor, Unjust enrichment
Not Easy Being Green: Insolvency Practitioners on Further Notice of Personal Liability for Environmental Obligations

Liquidators, administrators and receivers in Queensland are on notice that they may face serious personal consequences if they fail to cause companies to which they are appointed to comply with Environmental Protection Orders (EPOs).

Re Linc Energy Limited (In Liquidation) [2017] QSC 53 (13 April 2017) has determined that liquidators may not be able to escape obligations under an EPO by issuing a disclaimer notice.

Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Baker McKenzie, Liquidator (law), Corporations Act 2001 (Australia), Queensland Supreme Court