Archive for March 2010
Apex Oil: Environmental Liabilities in Bankruptcy
In U.S. v. Apex Oil, a three-judge panel of the Seventh Circuit ruled 3-0 that EPAs cleanup injunction against the corporate successor to a chemical company was not discharged in Chapter 11 because the injunction does not create a right to payment and, consequently, is not a debt under the Bankruptcy Code. In essence, Apex had argued that the injunction would require the company to incur costs upward of $150 million and that the purpose of the restructuring would be defeated if these costs had to be incurred. Judge Posners opinion turns on the fact that the order required cleanup and was not a substitute for payment; consequently, liability under the order was not a “debt” recognized by the Bankruptcy Code. The court recognized but disavowed a contrary ruling of the Sixth Circuit, thereby setting up a split between the circuits on this important issue.
Duration : 0:5:19
Bankruptcy Questions : How to Get a Bankruptcy Off Your Credit Report
Getting a bankruptcy off a credit report is an impossible task due to the fact that the Fair Credit Reporting Act mandates that bankruptcy should remain on your credit report for 10 years from the date of filing. Talk to a professional about rebuilding credit after filing for bankruptcy with information from a lawyer in this free video on bankruptcy.
Expert: Andy Forman
Bio: Andy Forman, Attorney at Law, has been in bankruptcy representation for over two decades and has lead council in over 3,000 bankruptcy cases.
Filmmaker: Christopher Rokosz
Duration : 0:1:16
What the Chapter 13 Plan “may” do – Lien Stripping
Bankruptcy Attorney in Charlotte, NC – What is a Chapter 7 Bankruptcy?
Bankruptcy Attorney or Bankruptcy Lawyer – Duncan Law: What is a Chapter 7 bankruptcy? Duncan Law is a bankruptcy law firm located in Charlotte, NC. To learn more about how Duncan Law can help you with your bankruptcy call us today at 704-563-1224 or visit us at www.DuncanLawOnline.com. This video explains the benefits and drawbacks of a Chapter 7 bankruptcy.
Duration : 0:1:22
Chapter 11 Reorganization: The Basics and the Judicial Role
Federal Judicial Center. Chapter 11 Reorganization: The Basics and the Judicial Role. In this program, the Honorable Nancy C. Dreher (Bankr. Dist. Minn.) and George M. Treister, Esq., discuss the basics of a typical Chapter 11 reorganization case, and specific challenges that Chapter 11 cases present for judges. They address some of the special problems in the small and large Chapter 11s alike, recognizing that in most bankruptcy courts the large, or mega, case is the exception. Specific topics they cover are how a Chapter 11 case begins; the players; financing the debtor; operating the debtor as the case moves to formulation and confirmation of a plan; the plan and the disclosure statement; and consensual confirmation.
Duration : 1:9:54
