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Fifth Circuit affirms denial of remediation cost claim from bankrupt company’s escrow account

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 1 2011

The Fifth Circuit Court of Appeals has affirmed decisions of the bankruptcy court and a federal district court that the purchaser of a bankrupt company’s assets cannot recover the costs of environmental remediation from an escrow account established as part of the purchase agreement

Bankruptcy court rules CERCLA claims fall outside estate

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 27 2011

A bankruptcy court in Delaware has ruled that a debtor's CERCLA claims are "non-core" claims that fall outside the administration of the estate in bankruptcy