Bankruptcy Does Not Discharge All Liability to Cleanup a Contaminated Site: Part II

| November 7, 2011

In our last post, “Bankruptcy Does Not Discharge All Liability to Cleanup a Contaminated Site: Part I,” we discussed the background of In re Mark IV Industries, Inc., 2011 U.S. Dist. LEXIS 110595 (S.D.N.Y., Sept. 28, 2011), describing the events that led up to the filing of the lawsuit and the Bankruptcy Court’s decision.  In [...]

Bankruptcy Does Not Discharge All Liability to Cleanup a Contaminated Site: Part I

| October 31, 2011

The United States District Court for the Southern District of New York recently confirmed that a party’s liability to clean up a contaminated property was not discharged as part of a Chapter 11 reorganization, since such liability was not a “claim” under the Bankruptcy Code. See In re Mark IV Industries, Inc., 2011 U.S. Dist. [...]