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Environmental Claims In Bankruptcy: It's A Question Of Priorities, Deborah E. Parker

San Diego Law Review

This Comment evaluates the proper treatment of environmental claims in bankruptcy. It analyzes criteria that courts have established for characterizing environmental claims and for determining their priority in bankruptcy. It examines the relationships between the trustee's abandonment power, the priority of environmental claims, and the determination of when a claim arises. The author suggests criteria for characterizing environmental claims and for determining their priority in bankruptcy, thus resolving conflicting case law and resulting in a uniform and consistent application of the Bankruptcy Code, environmental law, and Supreme Court precedent.