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The treatment of environmental matters in bankruptcy cases

Article Abstract:

The bankruptcy law principle of providing debtors with a fresh start conflicts with the environmental law principle that the polluter pays. In general, debtors-in-possession are required to comply with environmental laws that affect their property. Environmental obligations are generally considered claims under the Bankruptcy Code. Whether the claim has arisen before or after confirmation of a reorganization plan determines whether it is subject to bankruptcy discharge. A further issue concerns the priority given to an environmental claim and whether it constitutes an administrative expense of the bankruptcy estate.

United States, Economic aspects, Environmental aspects, Bankruptcy law, Environmental law

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Bankruptcy trustees' compensation: an issue of court control

Article Abstract:

Courts are ignoring 1986 law which gives power to US Trustee districts for bankruptcy. The courts no longer have the authority to supervise, appoint or compensate trustees in bankruptcy, including the setting of percentage fees. The legislative history and statutory language of section 586 of title 28 both specify Congress' intent, as indicated in the 1986 House Report.

Compensation and benefits, Bankruptcy trustees

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Game theory and bankruptcy reorganizations

Article Abstract:

Game theory can be used to model the economics of bankruptcy reorganizations, although the models used by Douglas Baird and Randal Picker are wrong. They created four possible models and criticized the Bankruptcy Code's new value exception for the rule of absolute priority. Their criticisms are flawed from both legal and logical points of view.

Models, Usage, Game theory, Bankruptcy reorganizations, Bankruptcy reorganization

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