Environmental-contamination claims present tricky issues for debtors seeking a fresh start through bankruptcy, as well as for creditors and purchasers of distressed assets. Difficult issues emerge in the context of when exactly an environmental tort claim against a debtor “arises.” Further challenges surround identifying claimants and potential claimants, then providing them with constitutionally sufficient notice of the bankruptcy proceedings.
Originally Published in the ABI Journal - September 2019.
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