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    Seven Things to Keep in Mind about Treatment of Environmental Liabilities in Bankruptcy
    2020-05-20

    For debtors seeking to reorganize under Chapter 11 of the Bankruptcy Code, creditors with claims against reorganizing debtors, and purchasers of assets in bankruptcy court-administered sales, this alert flags seven things to keep in mind about the treatment of environmental liabilities in bankruptcy.

    I. Bankruptcy Doesn’t Excuse Compliance with Environmental Rules

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Paul Hastings LLP, Waste management, Title 11 of the US Code
    Authors:
    Thomas R. Mounteer
    Location:
    USA
    Firm:
    Paul Hastings LLP
    High Court affirms orthodox application of directors’ no conflict duty in insolvency
    2020-04-21

    The High Court has ruled that directors breached their duties by taking up the company’s business opportunity for their own benefit, even if the company was unable to take up that opportunity by reason of its financial position: Davies v Ford & Ors [2020] EWHC 686.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Waste management, Coronavirus
    Authors:
    Natasha Johnson , Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Going concerns - December 2019
    2019-12-03

    Introduction

    Welcome to the 3rd edition of Going Concerns where we strive to bring you the latest updates on restructuring and insolvency law. In this issue, we provide:

    1. An update on the extent of financial disclosure that may be ordered against a company undergoing a scheme moratorium under s. 211B(6) of the Singapore Companies Act (Cap. 50);

    2. A further commentary on the Insolvency, Restructuring and Dissolution Bill; 3. A commentary on the Singapore recognition process of foreign bankruptcies;

    Filed under:
    Asia-Pacific, Global, United Kingdom, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Debtor, Waste management
    Location:
    Asia-Pacific, Global, United Kingdom
    Firm:
    Stephenson Harwood LLP
    Search and seizure application warranted: Illegal phoenix activity
    2020-10-21

    The recent Federal Court decision of Scott v Southern Highlands Waste & Recycling Pty Ltd[1] provides liquidators with important guidance regarding the availability of search and seizure warrants under section 530C of the Corporations Act2001 (Cth) (the Corps Act).

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, Gadens, Waste management
    Authors:
    Guy Edgecombe
    Location:
    Australia
    Firm:
    Gadens
    Recent significant commercial bankruptcy filings
    2010-04-12

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    TEXTILES  

    Textile and paper-making component maker Xerium Technologies Inc. has sought bankruptcy protection.  

    WASTE MANAGEMENT  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Option (finance), Waste management, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    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
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