Loan Workouts, Superfund, and Lender Liability: De Minimis Settlements - the Magic Bullet ?

This article will focus on whether there is a practical solution for reconciling this clash between creditors\u27 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