ENVIRONMENTAL CLAIMS IN BANKRUPTCY - AN OVERVIEW

The author analyzes judicial decisions involving four major environmental issues arising under the Bankruptcy Code: (I) Did the state or federal environmental agency's claim for cleanup costs arise prepetition or postpetition? (2) Do equitable remedies, such as claims for injunctive relief, constitute dischargeable claims? (3) Are cleanup costs a valid administrative expense? and (4) What is the extent of the trustee's power to abandon property that is onerous to the estate?