When Successor Liability and Bankruptcy Principles Collide – July 1, 2016
Pepper Hamilton
Description
18 See, e.g., environmental trust established in In re Tronox Inc. , No. 09-10156 (ALG)
(S.D.N.Y.)
19 See Ohio v. Kovacs , 469 U.S.
274, 285 (1985) (liability for ongoing environmental contamination “runs with the land”). 20 26 U.S.C.A. §§ 9701-9722 (2011 and Supp. 2015). 21 UMW Combined Ben.
Fund v. Walter Energy Inc. , 2016 U.S.
District LEXIS 29097, *19-25 (N.D. Ala. Mar.
8, 2016). The court followed the Fourth Circuit’s similar 1996 holding in Leckie Smokeless, 99 F.3d at 585. 22 11 U.S.C.A. § 1113 (2016). 23 11 U.S.C.A.
§ 1114 (2016). 24 In re Walter Energy Inc. , 542 B.R. 859 (Bankr.
N.D. Ala. 2015), aff’d, 2016 U.S. Dist.
LEXIS 65166 (N.D. Ala. May 18, 2016).
See also In re Alpha Natural Res. Inc. , 2016 Bankr.
LEXIS 2154 (Bankr. E.D. Va.
May 24, 2016). 25 See Reed, supra note 5, 51 Bus. Law. at 674-75. The material in this publication was created as of the date set forth above and is based on laws, court decisions, administrative rulings and congressional materials that existed at that time, and should not be construed as legal advice or legal opinions on specific facts.
The information in this publication is not intended to create, and the transmission and receipt of it does not constitute, a lawyer-client relationship. Copyright © 2016 Pepper Hamilton LLP Privacy Policy | Terms & Conditions | Attorney Advertising Contact Us: phinfo@pepperlaw.com or 866.737.7372 | Brand design by Greenfield/Belser Ltd. Convert webpages to pdf online with PDFmyURL .
274, 285 (1985) (liability for ongoing environmental contamination “runs with the land”). 20 26 U.S.C.A. §§ 9701-9722 (2011 and Supp. 2015). 21 UMW Combined Ben.
Fund v. Walter Energy Inc. , 2016 U.S.
District LEXIS 29097, *19-25 (N.D. Ala. Mar.
8, 2016). The court followed the Fourth Circuit’s similar 1996 holding in Leckie Smokeless, 99 F.3d at 585. 22 11 U.S.C.A. § 1113 (2016). 23 11 U.S.C.A.
§ 1114 (2016). 24 In re Walter Energy Inc. , 542 B.R. 859 (Bankr.
N.D. Ala. 2015), aff’d, 2016 U.S. Dist.
LEXIS 65166 (N.D. Ala. May 18, 2016).
See also In re Alpha Natural Res. Inc. , 2016 Bankr.
LEXIS 2154 (Bankr. E.D. Va.
May 24, 2016). 25 See Reed, supra note 5, 51 Bus. Law. at 674-75. The material in this publication was created as of the date set forth above and is based on laws, court decisions, administrative rulings and congressional materials that existed at that time, and should not be construed as legal advice or legal opinions on specific facts.
The information in this publication is not intended to create, and the transmission and receipt of it does not constitute, a lawyer-client relationship. Copyright © 2016 Pepper Hamilton LLP Privacy Policy | Terms & Conditions | Attorney Advertising Contact Us: phinfo@pepperlaw.com or 866.737.7372 | Brand design by Greenfield/Belser Ltd. Convert webpages to pdf online with PDFmyURL .
