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The Conflicting Concerns Of The Automatic Stay And Environmental Laws, Brett T. Bradford
The Conflicting Concerns Of The Automatic Stay And Environmental Laws, Brett T. Bradford
Brett T. Bradford
This paper explores the conflict between the automatic stay in bankruptcy law and environmental laws regarding cleaning up pollution. It is shown that the two areas of law have fundamentally different purposes that work to disrupt the bankruptcy process. The purpose of the automatic stay is seriously disrupted by the government imposing clean up costs on the debtor while in bankruptcy. This paper shows the affects of the two conflicting areas of law and possible solutions to the problem.