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    Newpage - a good old fashioned free-fall Chapter 11 case
    2011-09-16

    Last week’s Chapter 11 filing by NewPage Corporation, a company with assets and liabilities in the billions of dollars, stands as a relative rarity in the current restructuring environment.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Trade union, Hedge funds, Debt, Liability (financial accounting), Collective bargaining agreements, Balance sheet, Debtor in possession, Distressed securities, Bénéfice, US Environmental Protection Agency, Pension Benefit Guaranty Corporation
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Apex Oil: environmental cleanup liability survives bankruptcy
    2009-09-22

    In U.S. v. Apex Oil, a three-judge panel of the Seventh Circuit ruled 3-0 that EPA’s cleanup injunction against the corporate successor to a chemical company was not discharged in Chapter 11 because the injunction does not create a right to payment and, consequently, is not a ‘debt’ under the Bankruptcy Code.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Bracewell LLP, Environmental remediation, Bankruptcy, Costs in English law, Injunction, Debt, US Environmental Protection Agency, Title 11 of the US Code, Sixth Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Bracewell LLP
    Sweeping environmental liability under the bankruptcy carpet: fresh start is not guaranteed
    2010-01-05

    Businesses considering filing Chapter 11 for bankruptcy protection may not necessarily be able to avoid certain environmental cleanup obligations. The underlying policy goals of bankruptcy and environmental laws are in direct conflict in that bankruptcy law seeks to promote financial rehabilitation by discharging a debtor's past obligations in order to promote financial rehabilitation while environmental law seeks to ensure that the government can order responsible parties to clean up contamination, including historical pollution caused by business predecessors.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Day Pitney LLP, Contamination, Environmental remediation, Pollution, Bankruptcy, Debtor, Injunction, Breach of contract, Debt, Waste management, Joint and several liability, Bankruptcy discharge, US Environmental Protection Agency, American Recovery and Reinvestment Act 2009 (USA), Resource Conservation and Recovery Act 1976 (USA), Seventh Circuit
    Authors:
    Tricia H. Foley , James J. "Jim" Tancredi
    Location:
    USA
    Firm:
    Day Pitney LLP
    3M tried to resolve its PFAS liability to water suppliers for $12.5 BILLION and almost 1/2 the States (including MA) are objecting. Whats next?
    2023-07-27

    In May I wrote about a manufacturer of Aqueous Film Forming Foam (AFFF) excused from the PFAS Multi-District Litigation in South Carolina because its PFAS-related liabilities might exceed its assets which is something for a Federal Bankruptcy Court to sort out.  At the time I worried that this was only one of many PFAS-related bankruptcies we would be seeing

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Mintz, US Environmental Protection Agency, US Congress
    Authors:
    Jeffrey R. Porter
    Location:
    USA
    Firm:
    Mintz
    Surprising no one, those pursued to pay for PFAS contamination are buckling under the weight of those claims. Whats next?
    2023-05-17

    Hundreds and hundreds of claims for personal injury and property damage associated with PFAS contamination have been accumulating in the courtroom of a Federal Judge in South Carolina. A little over four years ago the Federal Judicial Panel on Multidistrict Litigation determined that Federal claims that Aqueous Film-Forming Foams (AFFF) containing PFAS used to fight fires had contaminated drinking water had enough in common that they should all be sent to Federal Judge Gergel in South Carolina for disposition.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, US Environmental Protection Agency, US Congress
    Authors:
    Jeffrey R. Porter
    Location:
    USA
    Firm:
    Mintz
    Surprising no one, those pursued to pay for PFAS contamination are buckling under the weight of those claims. What's next?
    2023-05-17

    Hundreds and hundreds of claims for personal injury and property damage associated with PFAS contamination have been accumulating in the courtroom of a Federal Judge in South Carolina. A little over four years ago the Federal Judicial Panel on Multidistrict Litigation determined that Federal claims that Aqueous Film-Forming Foams (AFFF) containing PFAS used to fight fires had contaminated drinking water had enough in common that they should all be sent to Federal Judge Gergel in South Carolina for disposition.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, US Environmental Protection Agency, US Congress
    Location:
    USA
    Firm:
    Mintz
    Federal Agencies Issue Request for Information on the Regulation of Biotechnology
    2022-12-23

    On December 20, 2022, the Office of Science and Technology Policy (OSTP) issued a notice of request for information (RFI) on the regulation of biotechnology on behalf of the U.S. Food and Drug Administration (FDA), the U.S. Environmental Protection Agency (EPA), and the U.S. Department of Agriculture (USDA).

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Biotechnology, US Environmental Protection Agency, US Department of Agriculture
    Location:
    USA
    Debtors and dumping: lessons for Insolvency Practitioners and environmental litigators
    2022-10-06

    On 5 October 2022 a judgment was handed down by the Supreme Court in the case of BTI 2014 LLC v Sequana SA (Sequana) and others.This judgment relates to an insolvency dispute between BTI, the assignee of AWA’s claims, and Sequana. Principally, it concerns which entity should make the payment for an outstanding liability incurred by AWA, arising out of the National Cash Register Company’s (NCR) pollution of the Fox River in Wisconsin. Through a series of restructurings, AWA became liable to indemnify British American Tobacco (BAT) for these costs.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Insolvency, US Environmental Protection Agency, SCOTUS, UK Supreme Court
    Location:
    USA
    Recent Developments at the Intersection of Bankruptcy and Environmental Law
    2022-08-08

    Retired U.S. Bankruptcy Judge Robert E. Gerber once observed that “issues as to the interplay between environmental law and bankruptcy are among the thorniest on the litigation map.” Difficulties navigating this interplay largely stem from the inherent conflict between the goals of bankruptcy and environmental laws, with the former aimed at providing debtors with a fresh start, while the latter cast a broad net to hold parties (even some innocent parties) responsible for past harm to the environment.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Supply chain, Mediation, US Environmental Protection Agency, US Congress, SCOTUS
    Authors:
    Thomas D. Goslin
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Calling all PRPs with contribution claims: pay up, or steer clear of bankruptcy court
    2011-04-01

    When a company that has been designated a responsible party for environmental cleanup costs files for bankruptcy protection, the ramifications of the filing are not limited to a determination of whether the remediation costs are dischargeable claims. Another important issue is the circumstances under which contribution claims asserted by parties coliable with the debtor will be allowed or disallowed in the bankruptcy case. This question was the subject of rulings handed down early in 2011 by the New York bankruptcy court presiding over the chapter 11 cases of Lyondell Chemical Co.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Jones Day, Environmental remediation, Pollution, Bankruptcy, Surety, Debtor, Common law, US Environmental Protection Agency, US Congress, United States bankruptcy court
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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