Why write an article focused on transactions involving bankruptcy? Because buying assets out of bankruptcy is different. In more than twenty years as an environmental lawyer, I have worked on a significant number of transactions. In recent years, for obvious reasons, I have found myself working on more bankruptcy deals. While being the environmental attorney on a deal team is always a challenge—dealing with last minute requests to review Phase I site assessments or environmental indemnities or to obtain environmental liability insurance—bankruptcy deals are by nature more complex. In this article, I discuss the reasons these transactions are more challenging and offer strategies I have found to make the whole thing just a little bit easier.
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