An examination of successor liability in the post-bankruptcy context.

Imposing liability on successor corporations when bankruptcy preceded the corporate transfer would not offend bankruptcy principles that are intended to provide the debtor with a fresh start. A successor liability action against an asset-purchasing successor is not a claim under bankruptcy law and is therefore not automatically discharged. In those instances when successor liability would otherwise attach, such as when consented to or when a sham transaction is found, bankruptcy law does not operate to insulate successor corporations.