Hazardous waste sites during insolvency

When a company becomes insolvent, not only an economic evaluation of the company is expected from the insolvency manager during the planning process. The insolvency manager is frequently faced with cleaning up soil and ground water contamination caused by company operations. This means that the manager needs competent advisors.

An UMR expert report gives you an overall idea of the company and possible cleanup measures. You can quickly decide whether a cleanup of the hazardous waste site or release of the property is a sensible choice.

Our expert reports decrease personal liability. Although the insolvency manager is not liable for legal claims with his personal assets, violation of insolvency-specific obligations may be grounds of personal liability in accordance with §§ 60,61 InsO.

If a substitute action takes place during a real estate cleanup and the disposition is sent directly to the insolvency manager, the costs of the substitute action are treated as insolvent asset debt or as insolvent asset costs. If the insolvency manager merely considered it sufficient to simply wait to receive measures from authorities without trying to prevent the claim as status disrupter, this can be considered a culpable reduction of the insolvency assets which may be reason for a compensation damage claim by the participants in accordance with §§ 60, 61.

In addition to his share of the total damage, the debtor can also be made liable for claimable individual damages if the insolvency manager fails to recognize, during exploitation of the company, the low amount of old waste and utilize a cleanup procedure to obtain a higher purchase.

Moreover, waiting for the substitute action may lead to personal liability of the insolvency manager when the violation of safety obligations causes further damage or failure to remove constitutes an environmental crime.