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Addressing Environmental Claims and Liabilities in Chapter 11: Adminsitrative Expenses, Third-Party Liability, Abandonment and Brownfield Development

Level: Advanced
Runtime: 72 minutes
Recorded Date: April 12, 2019
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  • Environmental Considerations in Bankruptcy
  • Environmental Liabilities and Obligations
  • Can a Company use Bankruptcy to Compromise and Discharge its Environmental Obligations?
  • Where do Cost Recovery Claims Fit in the Bankruptcy Priority Scheme?
  • Does a Buyer Take Contaminated Property “Free and Clear” of Environmental Liabilities Under a Bankruptcy Sale?
  • Disclosure Statements and Plans of Reorganization
  • Abandonment
  • Environmental Response Trusts
Runtime: 1 hour and 12 minutes
Recorded: April 12, 2019


This panel will discuss what happens when an estate is administratively insolvent, when principals/owners can be liable, reclamation claims and permit-blocking issues, when you can abandon, why secured creditors won’t foreclose, nonprofits’/foundations’ role in clean-ups, and brownfield development. The panelists will then focus on the impact of the Trump administration on these issues, as well as various regulators’ roles (such as the EPA and state regulators).

This program was recorded as part of ABI's Annual Spring Meeting on April 12th, 2019.

Provided By

American Bankruptcy Institute
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Timothy B. Stallkamp

Senior Managing Director
Conway MacKenzie, Inc.

Tim Stallkamp is a seasoned turnaround executive, specializing in providing interim management and turnaround management services to distressed and under performing businesses. Across numerous industries, Mr. Stallkamp has led turnarounds in acting roles as interim Chief Executive Officer, Chief Restructuring Officer, and Restructuring Manager.

Mr. Stallkamp has extensive experience in providing financial analysis, financial modeling, and cash flow management as well as leading complex negotiations. In addition, he has provided testimony with respect to various bankruptcy cases, and he has vast experience working with companies that have sought bankruptcy protection. Tim has advised both debtors and creditor institutions and has experience in municipal restructurings as well as industries including business services, automotive, education, consumer products, building products, and health care.

He currently serves on the Advisory Board of Georgetown University’s McDonough School of Business. Mr. Stallkamp is a member of the Turnaround Management Association and the Association of Insolvency and Restructuring Advisors.

Prior to joining the Chicago office of Conway MacKenzie, Mr. Stallkamp was a Vice President in the Financial Advisory Services practice of AlixPartners, where he focused on insolvency and bankruptcy matters and also provided valuation and litigation consulting services to troubled companies. Prior to joining AlixPartners, he was a consultant in the Washington, D.C. litigation consulting practice of Navigant Consulting.

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Dr. David L. Guevara

Taft Stettinius & Hollister LLP

David concentrates his practice in complex environmental, litigation and insurance law matters. He is chair of the firm's Brownfield and Site Development practice area. David’s legal publications include two books: Environmental Liability and Insurance Recovery (ABA Publishing 2012) and The Bona Fide Prospective Purchaser Defense to CERCLA Liability (ABA Publishing 2013). He is also the author of “The Application and Regulation of Institutional Controls in Indiana” in Implementing Institutional Controls at Brownfields and Other Contaminated Sites (ABA Publishing 2012). David’s clients include corporations, municipalities, real estate development firms and individuals each of whom are exposed to some form of, or seek to avoid, legal liability. When David’s clients are exposed to legal liability, he also assists in the recovery of insurance to offset the costs of such legal liability. In addition, a substantial part of David’s practice includes counseling businesses, real estate development firms, municipalities, redevelopment commissions, financial institutions and individuals in the acquisition, disposition and redevelopment of environmentally-contaminated properties. He also provides economic development and public-finance representation to clients involved in the development of environmentally-impaired real estate.

David represents clients in state and federal courts in Indiana and has litigated cases on behalf of clients on a pro hac vice basis in Texas, Maryland, Pennsylvania, Florida, Ohio, Kentucky, and Missouri.

David is the past Chair of the Environmental Law Section of the Indianapolis Bar Association. He attended the University of Notre Dame Law School where he was the recipient of the Graham Law Fellowship. While at Notre Dame, David received a Dean’s Award for achieving the highest grade in Trial Advocacy and was Editor-in-Chief of The Journal of College and University Law. He holds a Ph.D. in philosophy and has taught philosophy and world religions courses at several colleges and universities. David is listed in Indiana Super Lawyers and was named an Indiana Rising Star from 2012-2016. He was featured in the article "Hell, Belief and Brownfields," which was published in the 2014 Indiana Super Lawyers magazine. The article discusses David's interesting career path that started with teaching philosophy and world religions and led to his current practice. Read the article here. David has also been recognized in Chambers USA 2016 and 2017 in Environmental Law and in the Chambers USA 2014 and 2015 Editions as an Associate to Watch. In addition, he is listed in Best Lawyers in America® for Litigation-Environmental.

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Kevin W. Barrett

Bailey & Glasser LLP

Kevin Barrett concentrates his practice in business reorganizations and bankruptcies. Kevin has nearly 20 years of experience in representing debtors, creditors, stockholders, and virtually every other type of interested party in some of the country’s largest and most complex business reorganizations and bankruptcies. His practice involves complex commercial and bankruptcy litigation, corporate and banking transactions, and corporate governance, as well as general advice and planning in debtor-creditor relations, business reorganizations, and bankruptcy cases.

Prior to joining Bailey & Glasser, Kevin practiced law in New York at Weil, Gotshal & Manges, the leading bankruptcy firm in the country, and Gibson, Dunn & Crutcher. At those firms, Kevin represented debtors in a wide variety of industries, including Texaco, Eastern Airlines, MCorp, R.H. Macy’s, Best Products, and Primary Health Systems. He also represented large bank and secured creditors in the business reorganizations and bankruptcy cases of, among others, Federated Department Stores, NVR/Ryan Homes, Pandick Press, and Van Dusen Airport Services, as well as unsecured creditors. He has also represented stockholders and corporate acquirers in the bankruptcy cases of Enron, Revco, and others.

Since joining the firm in 2012, Kevin has brought that depth and breadth of experience to bear on an equally wide range of matters. He represented Royal Automotive Company and F&N Construction in successfully concluding their chapter 11 bankruptcy cases. He has also represented banks and other financial institutions in initiating new loans, negotiating work-outs on existing credits, and navigating chapter 11 bankruptcies. He has represented various corporate acquirers both in and out of bankruptcy cases. And he has represented both plaintiffs and defendants in fraudulent transfer and other litigation arising out of bankruptcy cases and workouts.

Of particular note, Kevin has overseen the firm’s representation of the West Virginia Department of Environmental Protection and various other State agencies in the Chapter 11 cases of, among others, Alpha Natural Resources, Patriot Coal, WP Steel, Mission Coal, Freedom Industries, Appalachian Fuels, and Trinity Coal. He has also represented the Trustee of the Yellowstone Club Liquidating Trust in connection with its litigation seeking to collect more than $520 million in judgments against former billionaire and founder of the Yellowstone Club, Tim Blixseth.

The New York Times featured Kevin’s work on behalf of the DEP in a front-page article on June 7, 2016. His work on behalf of the Yellowstone Trust has also been featured in The Wall Street Journal, Los Angeles Times, and Forbes, among many other publications.

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Brian S. Hermann

Paul, Weiss, Rifkind, Wharton & Garrison LLP

Brian is a partner with Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York and deputy chair of its Bankruptcy and Corporate Reorganization Department. He focuses on a range of restructuring and bankruptcy matters for both borrower and lender clients, and he is experienced in representing clients in complex out-of-court restructurings and chapter 11 cases nationwide across a variety of industries. He also routinely represents clients in complex litigation arising out of chapter 11.

Mr. Hermann writes frequently on bankruptcy issues and has published articles that have appeared in the New York Law Journal, The Deal, ABI Journal and International Corporate Rescue. He recently co-authored the “USA” chapter of The Strategic View - Corporate Restructuring, published by the Global Legal Group.

Mr. Hermann serves on the Practicing Law Institute’s Bankruptcy and Creditor Rights Advisory Committee, and he is recognized in Chambers USA, The Legal 500, The Best Lawyers in America and Super Lawyers in the area of bankruptcy and corporate restructuring. Some of his notable cases have included Electric Holdings Co. LLC, Sabine Oil & Gas, Arch Coal, Toys ’R Us, Simon Property Group and Preferred Sands.

Mr. Hermann received his B.B.A. summa cum laude in 1991 from Pace University and his J.D. in 1996 from UCLA School of Law.

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