This article will focus on whether there is a practical solution for reconciling this clash between creditors' rights and environmental liability. In an effort to provide a tangible basis for critical analysis, the following hypothetical situation will be employed throughout this article. This hypothetical is intended to demonstrate a generic two party loan situation. Although this model may be an oversimplification, its basic assumptions adequately provide the basis for analysis.
Szuhaj, Timothy J.
"Loan Workouts, Superfund, and Lender Liability: De Minimis Settlements - the "Magic Bullet"?,"
Akron Law Review: Vol. 25
, Article 6.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol25/iss1/6