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The 'Insolvent Polluter Still Pays' Principle?

E-book132 pagina’sEngelsSerie →
Ook verkrijgbaar als
1 What If Polluters Cannot Pay? The Swedish Mining Bankruptcies – Problems and Proposals; 2 Environmental Claims in Bankruptcy: Dischargeability, Priority, and Other Policy Responses; 3 Preventing Environmental Bailouts: Environmental Liabilities and (Non)-Inclusion and (Non)-Dischargeability under the WHOA; 4 The ESG Factor in Dutch Insolvency and Restructurings: A Debtor’s Perspective on Environmental ClaimsHow to deal with environmental claims in insolvency? Although the question as to the ranking of environmental claims has been one of the more controversial issues in Dutch insolvency law in recent years, there are many other and perhaps bigger questions: Could something like successor liability under Dutch law apply to environmental claims in case of pre-packs? Does it matter whether a claim is based on private law or public Law? Is it possible for companies to obtain discharge regarding environmental liabilities if they go through a restructuring proceeding? Dutch restructuring law has been inspired by the US Chapter 11 (and the UK Scheme of Arrangement). US (case) law is moving away from allowing discharge under Chapter 11 of environmental liabilities. How can one balance the interests of the creditors with those of the environment, or is the environment just another creditor? These questions and a variety of answers are explored from a US, European, Swedish and Dutch perspective, highlighting various solutions and inspiring to move forward in this new field.
In het kort
ISBN-13
9789400114838
Verschenen
6 december 2024
Trefwoorden
NSTC 501610856 · CB-relatie 7500275 · Bijgewerkt 6 augustus 2026
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The 'Insolvent Polluter Still Pays' Principle?

Ook verkrijgbaar als
1 What If Polluters Cannot Pay? The Swedish Mining Bankruptcies – Problems and Proposals; 2 Environmental Claims in Bankruptcy: Dischargeability, Priority, and Other Policy Responses; 3 Preventing Environmental Bailouts: Environmental Liabilities and (Non)-Inclusion and (Non)-Dischargeability under the WHOA; 4 The ESG Factor in Dutch Insolvency and Restructurings: A Debtor’s Perspective on Environmental ClaimsHow to deal with environmental claims in insolvency? Although the question as to the ranking of environmental claims has been one of the more controversial issues in Dutch insolvency law in recent years, there are many other and perhaps bigger questions: Could something like successor liability under Dutch law apply to environmental claims in case of pre-packs? Does it matter whether a claim is based on private law or public Law? Is it possible for companies to obtain discharge regarding environmental liabilities if they go through a restructuring proceeding? Dutch restructuring law has been inspired by the US Chapter 11 (and the UK Scheme of Arrangement). US (case) law is moving away from allowing discharge under Chapter 11 of environmental liabilities. How can one balance the interests of the creditors with those of the environment, or is the environment just another creditor? These questions and a variety of answers are explored from a US, European, Swedish and Dutch perspective, highlighting various solutions and inspiring to move forward in this new field.
In het kort
ISBN-13
9789400114838
Verschenen
6 december 2024
NSTC 501610856 · CB-relatie 7500275 · Bijgewerkt 6 augustus 2026