The price of doing business: environmental criminal fines and the administrative expense solution

Article Abstract:

The author discusses the conflict between equitable creditor compensation under bankruptcy law and the enforcement of criminal fines against corporations for environmental infractions. Topics include the order of priority under the Bankruptcy Code, treatment of administrative expense under the Code, and treatment of environmental fines as administrative expenses.

Interpretation and construction, Costs (Law), Legal fees, Environmental law, Fines (Penalties), Bankruptcy estates

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The battle of authority between the FCC and the bankruptcy courts

Article Abstract:

This article details the conflict between the FCC and bankruptcy courts with respect to the telecommunications industry. A recent series of cases involving NextWave Personal Communications, Inc. exposed some weaknesses in the Bankruptcy Code. Either Congress of the Supreme Court needs to step in to resolve this conflict.

Telecommunications services industry, Telecommunications industry, United States. Federal Communications Commission, Powers and duties, Administrative procedure

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The administrative relationship between the district and bankruptcy courts

Article Abstract:

The impact of the Bankruptcy Act of 1984 on the jurisdictional relationship between federal district courts and bankruptcy courts is discussed. The authors emphasize the need for congressional guidance with regard to structuring the relationship between the courts.

Practice, Federal jurisdiction, District courts

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