Toxins-Are-Us: Bankruptcy Treatment of Environmental Liabilities
Burr Forman
JULY 2, 2021
Generally, chapter 11 allows debtors to discharge all claims arising before the bankruptcy, but the Code defines a “claim” as a “right of payment” or “right to an equitable remedy for breach of performance if such breach gives rise to a right of payment.” 3 In Ohio v. Kovacs, however, the U.S.
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