• Bankruptcy Court Permits Environmental Indemnity Claims to Proceed in State Court
  • May 18, 2017 | Author: Candace C. Carlyon
  • Law Firm: Morris Polich & Purdy LLP - Las Vegas Office
  • In In Re G-I Holdings, Inc., 564 B.R. 217 (Bankr. D.N.J. Dec. 21, 2016), the Bankruptcy Court was asked to consider whether the confirmed chapter 11 plan discharged liability under an assumed Indemnification Agreement. Plaintiffs filed a complaint in state court, asserting that, pursuant to the Indemnification Agreement, two companies who had emerged from bankruptcy were required to indemnify Plaintiffs for any costs or liabilities incurred in connection with the investigation and remediation of a superfund site.