Fulltext Search
On Creditors’ Committees: Don’t Forget to Change Your Hat when Sitting as a Committee Member

Michael Traison Chicago/NYC – 312.860.4230

Michael Kwiatkowski Garden City – 516.296.9144

USA, Insolvency & Restructuring, Litigation, Cullen and Dykman LLP, US Department of Justice
Don’t Miss the Bar Date! The Importance of Timely Filing Bankruptcy Proofs of Claim

When a debtor files bankruptcy, bankruptcy attorneys and creditors are well aware of the importance of assessing the need for creditors to file proofs of claim and making sure that proofs of claim are timely filed.

USA, Insolvency & Restructuring, Litigation, Cullen and Dykman LLP
No Contradiction in Contribution: Tenth Circuit Finds that Bankruptcy Court Approval of Settlement of CERCLA Environmental Claims Does Not Estop Subsequent CERCLA Contribution Claim

Overview

In Asarco, LLC v. Noranda Mining, Inc., the Tenth Circuit Court of Appeals held that representations made to the bankruptcy court that the Debtor’s settlement of environmental claims reflected only the Debtor’s share of the cleanup costs did not judicially estop the Debtor from brining a contribution claim against another potentially responsible party for those same costs.

USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, US Environmental Protection Agency, Title 11 of the US Code, United States bankruptcy court, Tenth Circuit