Understanding the Concept of a Dead-and-Buried Company

Q: Can I still pursue claims against a dead-and-buried company?

No, you cannot pursue any claims as there are no assets or legal entity to hold liable.

Q: How do I determine if a company is dead-and-buried?

Check if the company has officially dissolved and confirm that all assets have been distributed.

Definition & meaning

A "dead-and-buried" company is a business that has formally dissolved and has no remaining assets. This term is distinct from a "dead" company, which may still hold assets that could be used to satisfy legal obligations. Once a company is classified as dead-and-buried, it no longer exists as a legal entity and cannot be held liable under laws such as the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

Table of content

Legal use & context

The term "dead-and-buried" company is primarily used in the context of environmental law, particularly under CERCLA. This law addresses the cleanup of hazardous waste sites and holds responsible parties liable for cleanup costs. Understanding whether a company is dead-and-buried can impact legal proceedings related to environmental liabilities. Users may find it useful to consult legal templates from US Legal Forms to navigate related legal processes.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) A manufacturing company dissolves due to bankruptcy and distributes its remaining assets to creditors. After this process, the company is classified as dead-and-buried, meaning it cannot be held liable for any environmental cleanup costs associated with its former operations.

(Hypothetical example) A corporation formally dissolves but retains some assets for a period. Until those assets are fully distributed, it remains a "dead" company and could still face lawsuits related to environmental liabilities.

Relevant laws & statutes

Key legal references include:

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
Case law such as BASF Corp. v. Central Transport, 830 F. Supp. 1011 (D. Mich. 1993)
Case law such as Chatham Steel Corp. v. Brown, 858 F. Supp. 1130, 1152 (D. Fla. 1994)

Comparison with related terms

Term	Definition
Dead company	A company that has dissolved but still holds assets that can be reached for legal claims.
Dead-and-buried company	A company that has dissolved and has no remaining assets, making it immune to legal claims.

Common misunderstandings

What to do if this term applies to you

If you believe you are dealing with a dead-and-buried company, it is essential to understand that you cannot pursue legal action against it for environmental liabilities. For assistance in navigating related legal matters, consider using US Legal Forms' templates for environmental law or consult a legal professional for tailored advice.

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Quick facts

Definition: A company that has dissolved and has no assets left.
Legal Context: Primarily relevant under CERCLA.
Liability: Cannot be sued under environmental laws.

Key takeaways

FAQs

What happens to a dead-and-buried company?

Once a company is classified as dead-and-buried, it ceases to exist legally and cannot be sued.