Environmental Liability Assumption | Robust Indemnification | Environmental Clean Slate
Environmental Liability Assumption | Robust Indemnification | Environmental Clean Slate
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.
ELT can assume non-dischargeable environmental obligations addressed during bankruptcy, providing debtors an environmental clean slate once they emerge.
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).
» Bloomberg BNA: What Every Bankruptcy Advisor Should Know About Environmental Liabilities
White Paper written by Randall Jostes, CEO Environmental Liability Transfer, Inc.
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