Unstoppable Force Hits the Immovable Wall: Should Environmental Cleanup Liability Be Discharged in Bankruptcy, The

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Authors
Blackham, Lowell E.
Issue Date
1992
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Journal Article
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INTRODUCTION|Imagine you are a bankruptcy judge and a corporation has properly filed for bankruptcy in your court. The corporation is before you asking for the discharge of a debt that the corporation incurred prior to filing its bankruptcy petition. Your duty as a judge seems clear-to uphold the law and discharge the debtor of its prepetition liability, thereby giving the corporation the "fresh start" that bankruptcy law provides.|Now imagine the debt the corporation is trying to shed is its liability for damage the corporation caused to the environment. You know this debt is not specifically listed among those identified by Congress as nondischargeable in bankruptcy...
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25 Creighton L. Rev. 1357 (1991-1992)
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Creighton University School of Law
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