![]() ![]() He was not sure and told me that he would clarify and get back to me,” Charan said. So, a week ago, I spoke to the Health Secretary to clarify if any such statement was made. I was not sure if this included financially too. “I was told that the Tamil Nadu government had offered to help in whatever way needed. ![]() “After my father’s death, we had asked about pending payments and had gone with the money but the hospital staff said the management had asked them to refuse the money from us,” he added.ĪLSO READ: After rumours on SP Balasubrahmanyam’s treatment cost spread, his son Charan clears the airĬharan said he had contacted Tamil Nadu Health Secretary J Radhakrishnan to clarify if the state government had offered to help financially. Slides from the EMLF presentation are attached here: EMLF Successors, Bankruptcy, and MSHA.“We had been settling the bill amount in weekly installments and one portion was covered by the insurance,” Charan said. Although legal questions surrounding this topic are far from settled, this issue warrants close attention as the law continues to develop. The topic sparked great interest from the mining community. Squire Patton Boggs attorney Peter Gould recently spoke on this new topic at the Energy and Mineral Law Foundation’s (EMLF) annual mining conference in Las Vegas, Nevada, in conjunction with MINExpo 2016. This potentially includes liability for events that occurred well before bankruptcy and which were disposed of or settled during bankruptcy proceedings and in the face of bankruptcy court orders to the contrary. However, recent case law coming out of the Federal Mine Safety and Health Review Commission-the independent agency tasked with adjudicating claims under the Mine Act-demonstrates that at least some administrative law judges are in disagreement with the typical bankruptcy process and may attempt to hold companies who purchase mining assets out of the bankruptcy process liable (in some form or another) as successors in interest. Indeed, this very mechanism has allowed for new operators to continue mining operations that may otherwise fold completely, with potentially devastating effects on the economies of local mining communities. Historically, bankruptcy has provided for the purchase of an insolvent entity’s assets without the third-party purchaser incurring the undue risks of taking on the debtor’s liabilities. By Squire Patton Boggs on OctoPosted in Mining & Natural ResourcesĪs the mining industry continues to feel the impacts of low commodity prices, bankruptcy and successorship issues have become increasingly relevant. ![]()
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January 2023
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