Chapter 11 bankruptcy does not provide a blanket release from environmental obligations. A debtor owning environmental liabilities is exposed to higher financial risk during bankruptcy due to increased pressure from creditors and regulators seeking resolution of non-dischargable environmental obligations.
Unless resolved, as a debtor emerges from Chapter 11, environmental obligations can remain on the company’s balance sheet.
ELT’s robust corporate indemnifications can assume all environmental obligations (past, present, future, above/below grade, on-site/off-site) and guarantee site remediation to regulatory standards, secured with a cash trust. This effectively removes the debtor’s designation as a PRP (potentially responsible party).
What Every Bankruptcy Advisor Should Know About Environmental Liabilities
By Randall Jostes, CEO of Environmental Liability Transfer, Inc.
If you have an environmental liability or questions/comments in general, please reach out to ELT for a confidential discussion.