cleanup orders

District Court Rules Injunctive Order not Dischargeable Claim

bankruptcy, Corporate and Real Estate Transactions / By

New Mexico had issued an order under its Water Quality Act to abate groundwater contamination eminating from septic field and lagoon on debtor’s property. The debtor argued that since the state was essentially requiring it to pay for the cleanup, the order should be considered a claim that could be discharged under the Bankruptcy Code. […]

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Chapter 13 debtor may not avoid cleanup order

bankruptcy, Disclosure of Environmental Liabilities / By

A Chapter 13 debtor had previously owned a gas station. After the New York State Department of Environmental Conservation (NYSDEC) issued a notice of violation involving failing to comply with underground storage tanks (USTs) regulations, the debtor filed its chapter 13 petition. In its Statement of Financial Affairs, the debtor disclaimed knowledge of environmental issues

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