Top Practitioners Analyze the Challenges of Bankruptcy Security for Companies with Environmental Liabilities in New BNA Webinar

ARLINGTON, Va., Aug. 31, 2011 /PRNewswire-USNewswire/ -- When a company saddled with potential environmental liabilities seeks bankruptcy protection, the goals of Chapter 11 — giving the reorganized debtor a ''fresh start'' and fairly treating similarly situated creditors — can conflict with the goals of environmental laws, such as ensuring that the ''polluter pays.'' Recent bankruptcy cases and bench decisions have clearly shown the struggle within the courts to reconcile this tension.

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Three of the nation's top lawyers will share their expertise in bankruptcy and environmental law as they discuss recent legal developments and share strategies for navigating this complex area of the law in a new webinar, Addressing Environmental Claims in Bankruptcy Proceedings from BNA Environmental, Health, & Safety.

In this 60-90 minute session, the speakers will offer practical advice to help attendees:

• Identify whether an environmental obligation is a "claim" under the Bankruptcy Code.
• Become familiar with recent legal developments relating to the dischargeability of environmental claims.
• Analyze whether claims for contribution toward environmental remediation are allowable claims in bankruptcy.
• Know the strategies that companies in distress may employ to maximize the likelihood that environmental claims will be dischargeable in bankruptcy proceedings.
• Understand potential advantages of pursuing the sale of assets under Section 363 of the Bankruptcy Code when significant environmental liability is involved.
• Develop approaches to negotiating environmental claims with governmental agencies.

About the Speakers

Larren Nashelsky is a partner in the New York City office of Morrison & Foerster LLP. Nashelsky focuses his practice on U.S. and international restructurings, including Chapter 11 reorganizations, workouts, restructurings, secured financings, and distressed acquisitions and investments. He has represented all of the major constituencies in restructurings, including debtors, commercial banks and bank groups, official creditors' committees, unsecured creditors, and distressed investors in the real estate, financial services, telecommunications, gaming, transportation, chemical, energy, satellite, and natural resources industries. Nashelsky earned a B.S. from the University at Albany, State University of New York, and a J.D. from Hofstra University School of Law.

Miles Imwalle is an associate in the Environment and Energy Group in Morrison & Foerster LLP's San Francisco office. His practice focuses on all aspects of the land development process, including land use entitlements, compliance issues, and litigation. Imwalle advises clients on the development of commercial, residential, mixed-use, and renewable energy projects throughout California, and in the land use aspects of financing real estate acquisitions and developments, including zoning, land use, permitting, and environmental matters. He maintains an active environmental practice, counseling clients on environmental risks that arise during the sale of a business or transfer of property, particularly risks associated with potential liability under federal and state statutes. Imwalle is on the editorial board for Trends, the newsletter for the Environment, Energy and Resources section of the American Bar Association. 

Kristin Hiensch is an associate in the Bankruptcy & Restructuring Group of Morrison & Foerster LLP. Prior to joining the firm, Hiensch served as a clerk to the Hon. Adlai S. Hardin, Jr., U.S. Bankruptcy Court, S.D. New York. Before her clerkship, she was associated with the firm of Otterbourg, Steindler, Houston & Rosen P.C.

Addressing Environmental Claims in Bankruptcy Proceedings will take place September 8, 2011, from 2:00 p.m. - 3:30 p.m., ET. To register for this webinar and obtain further information about CLE and CPE credits, go to http://www.bna.com/enviroment-health-safety-upcoming-t6006/ or call 1-800-372-1033, menu Option 6, then Option 1.  To receive automatic e-mail notification of upcoming BNA webinars that may be of interest to you, go to: http://www.bna.com/emailsignup.htm.

About BNA Environment, Health & Safety Webinars
BNA Environment, Health & Safety is the industry's premium source for objective news, expert analysis, and practical guidance. Designed for today's busy EHS professionals, our webinars offer the same expertise and relevance that are the hallmark of all BNA Environment, Health & Safety resources. Conference attendees have the opportunity to ask the speakers questions, and may be eligible to earn CLE or CPE credits — all from the convenience of their own office or conference room.

SOURCE BNA