The Impact Of Filing Bankruptcy On Environmental Protection

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The Impact of Filing Bankruptcy on Environmental Protection

Author : Roseann B. Termini
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Impact of Filing Bankruptcy on Environmental Protection by : Roseann B. Termini

Download or read book The Impact of Filing Bankruptcy on Environmental Protection written by Roseann B. Termini and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforcement of environmental regulations and bankruptcy reorganization are diametrically opposed. A challenge exists to effectuate policies underlying state environmental legislation and federal bankruptcy legislation. These areas are of particular interest because of public concern for environmental protection and economic stability. Congress considers protection of the environment a national priority and has enacted legislation in this area. Currently, there is a debate concerning the funding of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), commonly known as "Superfund". Divergent views exist among industry, environmentalists, the Administration, House Democrats and Senate Republicans regarding the Superfund and parties responsible for payment. CERCLA established a clean-up fund of tax revenues from chemical and petroleum companies, and under CERCLA the federal government cleans up hazardous waste dumps and attempts to recover costs from dump owners and waste producers. Congress is considering a waste-end tax thereby spreading the financial burden to mining, aluminum and electronics industries that utilize the Environmental Protection Agency's (EPA) certified disposal facilities. The tax assessment would be based on the amount of waste disposed. This tax method is a sounder approach than basing the tax on the quantity of raw materials involved in the manufacturing process because the burden is equitably distributed. In addition to federal legislation, states also expressed concern for protecting the environment and enacted such legislation. Moreover, there are joint efforts in the solid waste management area with the federal government providing financial assistance. Congress addressed the issues of economic stability and inflation in the Bankruptcy Reform Act (BRA), referred to as the Bankruptcy Code. Although the procedural mechanisms are complex, the provisions did liberalize the reorganization process. In doing so, economic instability has been alleviated through preserving business entities. However, there is an apparent conflict with environmental regulation enforcement and the BRA liberalization. The issue is whether Congress, in enacting the BRA, intended that a petitioner in bankruptcy be permitted to violate public health and safety regulations. Potential conflicts involved in the BRA and environmental protection include: omission of the requirement in pre-code bankruptcy law of legal insolvency prior to seeking bankruptcy court protection, lack of an explicit good faith requirement in filing a bankruptcy petition, police power, and the impact of the BRA automatic stay section and its application to governmental units. After reviewing the background on bankruptcy proceedings, the impact of the automatic and discretionary stays of the BRA on police power in environmental regulation will be addressed and solutions to the bankruptcy/environmental conflict will be suggested.

Environmental Issues in Insolvency Proceedings

Author : John Barrett
Publisher : Springer
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Environmental Issues in Insolvency Proceedings by : John Barrett

Download or read book Environmental Issues in Insolvency Proceedings written by John Barrett and published by Springer. This book was released on 1998 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the October 1996 meeting of the Section on Business Law of the International Bar Association, Committee J presented a programme on environmental issues in insolvency proceedings. The success of the programme encouraged the participants to expand their papers into this book which offers an up-to-date current analysis of the treatment of environmental issues in bankruptcy and insolvency proceedings in six jurisdictions: Canada, Denmark, Germany, Spain, the United Kingdom and the United States. Each of the contributors outline the environmental concerns and legal issues within their jurisdiction, address the insolvency issues that arise and the impact of environmental concerns. The book also includes useful insights from a major international bank - Bank of Nova Scotia - into the handling of international credits where environmental concerns are raised in insolvency proceedings.

Environmental Issues in Bankruptcy Cases

Author : Adam P. Strochak
Publisher :
ISBN 13 :
Total Pages : 220 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Environmental Issues in Bankruptcy Cases by : Adam P. Strochak

Download or read book Environmental Issues in Bankruptcy Cases written by Adam P. Strochak and published by . This book was released on 2009 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Scary Stories and the Limited Liability Polluter in Chapter 11

Author : Anne Lawton
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (135 download)

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Book Synopsis Scary Stories and the Limited Liability Polluter in Chapter 11 by : Anne Lawton

Download or read book Scary Stories and the Limited Liability Polluter in Chapter 11 written by Anne Lawton and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal commentators, policy-makers, and the media argue that the current structures of environmental, bankruptcy, and corporate law permit firms to strategically use bankruptcy to inappropriately displace hundreds of millions of dollars of environmental liability onto taxpayers. However, the proposed solution to this supposed problem - reforming bankruptcy, environmental, and/or corporate law - is draconian, and may cause dramatic and uninteded consequences. Moreover, these demands for reform are occurring in a complete absence of data about whether and to what extent inappropriate strategic use of bankruptcy in this manner actually occurs. We conducted an empirical analysis of Chapter 11 bankruptcies filed in 2004 and closed by mid-2006 to try to determine the extent to which environmental liabilities drive bankruptcy filings, with an eye to examining the following questions. First, how many firms in the data set reported environmental violations, liabilities, or other obligations? Second, of these firms, in how many instances did the environmental issues play a role in the bankruptcy filing? Third, of the firms in which environmental matters caused the bankruptcy filing, in how many cases did the debtor end up shifting the cost of the environmental cleanup to the taxpayer? Fourth, even if environmental obligations did not play a role in the decision to file for bankruptcy, did the debtor avoid paying for environmental remediation either by invoking the Bankruptcy Code's abandonment power or its right to discharge? Finally, is there any evidence that parent corporations are using subsidiaries as a mechanism to siphon off assets, thereby leaving a bankrupt subsidiary with environmental liabilities but no assets with which to satisfy them? Our findings suggest that the strategic use of Chapter 11 to avoid environmental obligations is an uncommon phenomenon. We conclude with suggestions about how to improve the reporting of environmental issues in bankruptcy, and also with a cautionary note about reforming bankruptcy, environmental, or corporate law based on anecdotal, rather than empirical, evidence.

Beyond Earth Day

Author : Gaylord Nelson
Publisher : Univ of Wisconsin Press
ISBN 13 : 0299180433
Total Pages : 223 pages
Book Rating : 4.2/5 (991 download)

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Book Synopsis Beyond Earth Day by : Gaylord Nelson

Download or read book Beyond Earth Day written by Gaylord Nelson and published by Univ of Wisconsin Press. This book was released on 2002-11-04 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gaylord Nelson’s legacy is known and respected throughout the world. He was a founding father of the modern environmental movement and creator of one of the most influential public awareness campaigns ever undertaken on behalf of global environmental stewardship: Earth Day. Nelson died in 2005, but his message in this book is still timely and urgent, delivered with the same eloquence with which he articulated the nation’s environmental ills throughout the decades. He details the planet’s most critical concerns—from species and habitat losses to global climate change and population growth. In outlining strategies for planetary health, Nelson inspires citizens to reassert environmentalism as a national priority. Included in this reprint is a new preface by Gaylord Nelson’s daughter, Tia Nelson.

Handbook for Chapter 7 Trustees

Author :
Publisher :
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Handbook for Chapter 7 Trustees by :

Download or read book Handbook for Chapter 7 Trustees written by and published by . This book was released on 2001 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Bankruptcy Around the World

Author : Stijn Claessens
Publisher : World Bank Publications
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4./5 ( download)

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Book Synopsis Bankruptcy Around the World by : Stijn Claessens

Download or read book Bankruptcy Around the World written by Stijn Claessens and published by World Bank Publications. This book was released on 2002 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Debt's Dominion

Author : David A. Skeel Jr.
Publisher : Princeton University Press
ISBN 13 : 1400828503
Total Pages : 296 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Debt's Dominion by : David A. Skeel Jr.

Download or read book Debt's Dominion written by David A. Skeel Jr. and published by Princeton University Press. This book was released on 2014-04-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.

Introduction to Business

Author : Lawrence J. Gitman
Publisher :
ISBN 13 :
Total Pages : 1455 pages
Book Rating : 4./5 ( download)

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Book Synopsis Introduction to Business by : Lawrence J. Gitman

Download or read book Introduction to Business written by Lawrence J. Gitman and published by . This book was released on 2024-09-16 with total page 1455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to Business covers the scope and sequence of most introductory business courses. The book provides detailed explanations in the context of core themes such as customer satisfaction, ethics, entrepreneurship, global business, and managing change. Introduction to Business includes hundreds of current business examples from a range of industries and geographic locations, which feature a variety of individuals. The outcome is a balanced approach to the theory and application of business concepts, with attention to the knowledge and skills necessary for student success in this course and beyond. This is an adaptation of Introduction to Business by OpenStax. You can access the textbook as pdf for free at openstax.org. Minor editorial changes were made to ensure a better ebook reading experience. Textbook content produced by OpenStax is licensed under a Creative Commons Attribution 4.0 International License.

Our Common Future

Author :
Publisher :
ISBN 13 : 9780195531916
Total Pages : 400 pages
Book Rating : 4.5/5 (319 download)

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Book Synopsis Our Common Future by :

Download or read book Our Common Future written by and published by . This book was released on 1990 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Managing Climate Risk in the U.S. Financial System

Author : Leonardo Martinez-Diaz
Publisher : U.S. Commodity Futures Trading Commission
ISBN 13 : 057874841X
Total Pages : 196 pages
Book Rating : 4.5/5 (787 download)

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Book Synopsis Managing Climate Risk in the U.S. Financial System by : Leonardo Martinez-Diaz

Download or read book Managing Climate Risk in the U.S. Financial System written by Leonardo Martinez-Diaz and published by U.S. Commodity Futures Trading Commission . This book was released on 2020-09-09 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication serves as a roadmap for exploring and managing climate risk in the U.S. financial system. It is the first major climate publication by a U.S. financial regulator. The central message is that U.S. financial regulators must recognize that climate change poses serious emerging risks to the U.S. financial system, and they should move urgently and decisively to measure, understand, and address these risks. Achieving this goal calls for strengthening regulators’ capabilities, expertise, and data and tools to better monitor, analyze, and quantify climate risks. It calls for working closely with the private sector to ensure that financial institutions and market participants do the same. And it calls for policy and regulatory choices that are flexible, open-ended, and adaptable to new information about climate change and its risks, based on close and iterative dialogue with the private sector. At the same time, the financial community should not simply be reactive—it should provide solutions. Regulators should recognize that the financial system can itself be a catalyst for investments that accelerate economic resilience and the transition to a net-zero emissions economy. Financial innovations, in the form of new financial products, services, and technologies, can help the U.S. economy better manage climate risk and help channel more capital into technologies essential for the transition. https://doi.org/10.5281/zenodo.5247742

As We Forgive Our Debtors

Author : Teresa A. Sullivan
Publisher : Beard Books
ISBN 13 : 9781893122154
Total Pages : 392 pages
Book Rating : 4.1/5 (221 download)

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Book Synopsis As We Forgive Our Debtors by : Teresa A. Sullivan

Download or read book As We Forgive Our Debtors written by Teresa A. Sullivan and published by Beard Books. This book was released on 1999 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy in America is a booming business, with hundreds of thousands of ordinary Americans filing for bankruptcy each year. Is this dramatic growth a result of mushrooming debt or does it reflect a moral decline that permits the middle class to evade their debts? As We Forgive Our Debtors addresses these questions with hard empirical data drawn from bankruptcy court filings. The authors of this multidisciplinary study describe the law and the statistics in clear, nontechnical language, combining a thorough statistical description of the social and economic position of consumer bankrupts with human portraits of the debtors and creditors whose journeys have ended in bankruptcy court. Book jacket.

Black Edge

Author : Sheelah Kolhatkar
Publisher :
ISBN 13 : 0812995805
Total Pages : 370 pages
Book Rating : 4.8/5 (129 download)

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Book Synopsis Black Edge by : Sheelah Kolhatkar

Download or read book Black Edge written by Sheelah Kolhatkar and published by . This book was released on 2017 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The rise over the last two decades of a powerful new class of billionaire financiers marks a singular shift in the American economic and political landscape. Their vast reserves of concentrated wealth have allowed a small group of big winners to write their own rules of capitalism and public policy. How did we get here? ... Kolhatkar shows how Steve Cohen became one of the richest and most influential figures in finance--and what happened when the Justice Department put him in its crosshairs"--Amazon.com.

Decisions of the United States Environmental Protection Agency

Author : United States. Environmental Protection Agency
Publisher :
ISBN 13 :
Total Pages : 1148 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Decisions of the United States Environmental Protection Agency by : United States. Environmental Protection Agency

Download or read book Decisions of the United States Environmental Protection Agency written by United States. Environmental Protection Agency and published by . This book was released on with total page 1148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Weekly Information Report

Author :
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Weekly Information Report by :

Download or read book Weekly Information Report written by and published by . This book was released on 1993-11 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Failure and Forgiveness

Author : Karen Gross
Publisher :
ISBN 13 : 9780300068207
Total Pages : 302 pages
Book Rating : 4.0/5 (682 download)

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Book Synopsis Failure and Forgiveness by : Karen Gross

Download or read book Failure and Forgiveness written by Karen Gross and published by . This book was released on 1997 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1996 a record one million-plus bankruptcy cases were filed in the United States. In this book, an eminent legal authority provides an accessible introduction to and evaluation of the federal bankruptcy system governing these filings. Karen Gross describes existing bankruptcy law, assesses what is actually happening in practice, and makes specific - and controversial - recommendations for reform. Gross explores the varying and often conflicting interests of debtors, creditors, and community in the bankruptcy system. She justifies the idea of a 'fresh start' for individual and business debtors by analyzing notions of forgiveness and rehabilitation in a civilized society. She offers a perspective on how to treat certain of the creditors that bankruptcy touches, substituting a principle of equality of outcome for the principle of equality of treatment. She also presents an original argument about community interests, contending that they should be given serious weight in the necessary balancings that make up bankruptcy law and policy, and provides specific statutory amendments to achieve this goal. Offering a humanitarian approach to bankruptcy rather than the law and economic approach commonly used, this book places legal issues of bankruptcy in their social context and opens the dialogue about bankruptcy to lawyers and nonlawyers alike.