_ap_ufes{"success":true,"siteUrl":"friableasbestos.com","urls":{"Home":"http://friableasbestos.com","Category":"http://friableasbestos.com/category/current-asbestos-news/","Archive":"http://friableasbestos.com/2015/04/","Post":"http://friableasbestos.com/asbestos-firms-ready-to-fight-silvers-slanted-legal-system/","Page":"http://friableasbestos.com/effect-asbestos-mesothelioma/","Nav_menu_item":"http://friableasbestos.com/69/"}}_ap_ufee

August 21, 2018

If You Were Exposed to, or Harmed by, ASBESTOS or ASBESTOS-CONTAINING Products Made, Distributed or Sold by THE …

WILMINGTON, Del. , March 31, 2015 /CNW/ — The following statement is being issued regarding In re The Flintkote Company and Flintkote Mines Limited, Case No. 04-11300 (MFW) (Jointly Administered).

TYPES OF PRODUCTS: During the 1930s to the 1980s, some products sold by The Flintkote Company and Flintkote Mines Limited (the “Debtors“) contained asbestos. These products could have included floor tile, roofing shingles, joint compound, fiber pipe, liquid products, cement board, cement siding, cement pipe, asphalt and other products.

Persons or entities exposed to, or harmed by, the Debtors’ asbestos or asbestos-containing products may have personal injury, wrongful death or other claims against the Debtors.  You do not need to (i) have been diagnosed, (ii) have symptoms, or (iii) be impaired to be affected by the Plan (defined below).

If you believe you may have been exposed to, or harmed by the Debtors’ products, you may be entitled to vote on confirmation of the Plan.  You should carefully read this notice and the important documents located at http://www.flintkotebankruptcy.com.

PLAN OF REORGANIZATION: The Debtors filed for bankruptcy in 2004. On February 9, 2015 , the Debtors filed a modified joint plan of reorganization (the “Plan“) with the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court“).  The Plan includes the terms of a settlement reached between the Debtors and their former indirect parent company, Imperial Tobacco Canada Limited (“ITCAN“). The Plan has been jointly proposed by the Debtors, the Asbestos Claimants Committee and the Future Claimants Representative (collectively, the “Plan Proponents“).  As background, the Plan is a modified version of a bankruptcy plan on which Debtors previously solicited votes in 2008 and 2009, and which was confirmed by the Bankruptcy Court on December 21, 2012 (the “Prior Plan“).

A document describing how the Plan differs from the Prior Plan (the “Disclosure Statement Supplement“), which the Bankruptcy Court approved on March 17, 2015 , a copy of the Plan itself and related voting materials (a “Resolicitation Package“), has been mailed to known holders of claims against the Debtors or the claimants’ lawyers.

THE TRUST: The Plan provides for a trust to be established to pay eligible asbestos personal injury claims against the Debtors (the “Trust“). The Plan provides that all current and future holders of asbestos personal injury claims will be forever prohibited from asserting claims directly against the Debtors and other parties protected under the Plan, including ITCAN.  Such claimants can receive money only from the Trust. The Plan and the Disclosure Statement Supplement contain important additional details and are available at http://www.flintkotebankruptcy.com.

SUPPLEMENTAL SETTLEMENT BAR ORDER: Under the Plan, ITCAN will also obtain protection from certain claims by a settlement bar order, which is described more particularly in the Plan and Disclosure Statement Supplement.

VOTING PROCEDURES: The Bankruptcy Court has issued an order describing who can vote on the Plan, how to vote, and how votes will be counted. The Disclosure Statement Supplement has information that will help you decide whether and how to vote on the Plan if you are entitled to do so.  Votes cast on the Prior Plan will be counted as votes on the Plan, unless a holder changes such vote. If you voted on the Prior Plan and do not wish to change your vote, you do not need to submit a ballot.  If you did not vote on the Prior Plan, you may obtain and cast a ballot, which would be subject to the Plan Proponents’ right to object. To be counted, a completed ballot must be received by the Voting Agent at the address below by 4:00 p.m. (prevailing Eastern time) on June 2 , 2015.  Any ballot received after that deadline will not be counted.

Proof of an asbestos personal injury or wrongful death claim does not need to be filed with the Bankruptcy Court. Special procedures have been established for holders of asbestos personal injury and wrongful death claims to vote on the Plan. Lawyers for holders of these claims may vote on the Plan on behalf of their clients if authorized by their client. If you are unsure whether your lawyer is authorized to vote on your behalf, please contact your lawyer.

THE HEARING TO CONFIRM THE PLAN: A hearing to confirm the Plan will be held before the Honorable Mary F. Walrath, United States Bankruptcy Judge, at the United States Bankruptcy Court for the District of Delaware , 824 Market Street, 5th Floor, Wilmington, Delaware 19801, commencing on August 10, 2015 at 10:30 a.m. (prevailing Eastern time).

OBJECTING TO THE PLAN: Parties may only object to the changes between the Prior Plan and the Plan, and objections must be submitted in writing and received by July 8, 2015 to be considered.  All objections must comply with the requirements in the notice of the Confirmation Hearing, available at http://www.flintkotebankruptcy.com.

HOW TO OBTAIN DOCUMENTS: If you would like additional information about the Plan, Disclosure Statement Supplement and other Trust-related documents (including copies of the Plan, Disclosure Statement Supplement and other Trust-related documents), you may contact the Debtors’ Voting Agent at (800) 290-0537, visit http://www.flintkotebankruptcy.com, or write to The Flintkote Company and Flintkote Mines Limited, c/o GCG, P.O. Box 10127, Dublin, Ohio 43017-3127.

 

To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/if-you-were-exposed-to-or-harmed-by-asbestos-or-asbestos-containing-products-made-distributed-or-sold-by-the-flintkote-company-or-flintkote-mines-limited-please-read-this-notice-of-voting-rights-and-hearing-to-consider-whether-300057267.html

SOURCE GCG

Contact:

Christina Craige, Sidley Austin LLP, 213-896-6000

Visit source: 

If You Were Exposed to, or Harmed by, ASBESTOS or ASBESTOS-CONTAINING Products Made, Distributed or Sold by THE …

If You Have Been Injured by Asbestos, Please Read this Notice of Voting Rights.

WILMINGTON, Del. , Oct. 27, 2014 /CNW/ — The following statement is being issued regarding the In re Specialty Products Holding Corp. matter (Case No. 10-11780 (PJW) (Bankr. D. Del. 2010).

A Joint Plan of Reorganization (“Plan”) has been filed to reorganize Specialty Products Holding Corp. (formerly known as RPM, Inc.), Bondex International, Inc., Republic Powdered Metals, Inc., and NMBFiL, Inc. (formerly known as Bondo Corporation) (collectively, “Debtors”) in the United States Bankruptcy Court for the District of Delaware (“Bankruptcy Court”). 

Persons or entities with asbestos related personal injury claims against any of the Debtors may vote to accept or reject the Plan by December 2 , 2014. 

A detailed document describing the Plan, called the Disclosure Statement, was approved by the Bankruptcy Court on October 20 , 2014.  The Disclosure Statement, a copy of the Plan itself and voting materials have been sent to known holders of asbestos related personal injury claims against the Debtors or to their lawyers. 

Important Plan Provisions Regarding Asbestos Related Claims

The Plan proposes establishing a trust to resolve all asbestos personal injury claims against the Debtors.  Persons and entities with asbestos personal injury or related claims will be forever barred from asserting their claims against the Debtors or other parties specified in the Plan. If the Plan is approved by the Court, all current and future holders of asbestos personal injury claims against the Debtors can request and receive money only from the trust.  You should read the Plan and Disclosure Statement carefully for details about how the Plan, if approved, will affect your rights.

Voting Procedures

The Bankruptcy Court has issued an order describing how to vote on the Plan and the Disclosure Statement contains information that will help you decide how to vote.  Your legal rights will be affected if the Plan is approved.  For a vote to be counted, a ballot must be received at the address indicated on the ballot form by 5:00 p.m., Eastern time , on December 2, 2014 .

Under the procedures approved by the Bankruptcy Court, lawyers for holders of asbestos claims may vote on the Plan on behalf of their clients, if authorized by the client.  If you are unsure whether your lawyer is authorized to vote on your behalf, please contact your lawyer.

How to Obtain Documents

Copies of the Disclosure Statement, which includes the Plan, the voting materials, and the notice of the hearing to consider confirmation of the Plan may be obtained by visiting the following websites:  www.deb.uscourts.gov and www.loganandco.com.  You may also obtain copies of these documents by sending a request, in writing, to Logan & Company, Inc., 546 Valley Road, Upper Montclair, NJ 07043 (Attn:SPHC Voting Department) or by calling 1-866-692-2119.

Confirmation Hearing

A hearing to consider confirmation of the Plan has been scheduled for December 10, 2014 at 3:30 pm ET in Courtroom 4B at the United States District Court for the District of Delaware , J. Caleb Boggs Federal Building, located at 844 North King Street, 4th Floor, Wilmington, Delaware 19801. You may attend the Hearing but are not required to do so.

Objecting to the Plan

If you want to object to the Plan, you must file and serve a written objection on or before 5:00 p.m. ET , on December 2, 2014 .  All objections must comply with the requirements in the notice of the Confirmation Hearing.

For more information and to obtain a copy of the Plan, Disclosure Statement and Voting Materials,

Visit:  www.deb.uscourts.gov OR www.loganandco.com.

Write: Logan & Company, Inc., 546 Valley Road,

Upper Montclair, NJ 07043

(Attn:SPHC Voting Department)

Call:  1-866-692-2119

To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/if-you-have-been-injured-by-asbestos-please-read-this-notice-of-voting-rights-531684759.html

SOURCE GCG

Contact:

Dan Prieto, Jones Day, 1.214.969.4515

View this article:  

If You Have Been Injured by Asbestos, Please Read this Notice of Voting Rights.

Insurers sue asbestos trust for records, say they suspect fraud

By Tom Hals

WILMINGTON, Del., July 3 (Reuters) – Six insurance companies are suing an asbestos personal injury trust set up by a U.S. unit of Philips that the insurers suspect has been making millions of dollars in fraudulent payments to parties that cannot prove they were harmed by the company’s asbestos products.

In the lawsuit, the insurers are seeking access to trust records.

The insurers said the asbestos personal injury or PI trust set up during the 2008 bankruptcy of T H Agriculture & Nutrition LLC, a unit of Philips Electronics North America Corp, had been paying substantially more claims than originally forecast.

“Plaintiffs have a reasonable suspicion that fraudulent claims have been submitted to and paid by the asbestos PI trust,” said the lawsuit, which was filed on Wednesday in Delaware’s Court of Chancery.

The lawsuit is the latest in a string of legal and legislative actions aimed at shedding light on the trusts, which have been used for decades to compensate people injured by exposure to cancer-causing asbestos.

Dozens of companies have filed for bankruptcy in the wake of thousands of lawsuits and then set up trusts that collectively control tens of billions of dollars.

The six insurers were seeking to conduct an audit of trust records as part of a bankruptcy agreement with T H Agriculture & Nutrition, or THAN, Philips Electronics North America and the asbestos trust.

An attorney who represented THAN as well as the asbestos trust said the lawsuit had no merit because the insurers were offered the opportunity to audit the trust’s claims in compliance with the bankruptcy plan.

“They want to conduct a different audit than the one contemplated by the agreement,” said Sander Esserman of Stutzman, Bromberg, Esserman & Plifka in Dallas. “I suspect the lawsuit will not receive any traction in the courts.”

Philips Electronics did not immediately respond to a request for comment.

THAN filed for bankruptcy in 2008 in the wake of thousands of lawsuits by people alleging they were made sick by the asbestos the company distributed until 1980.

In exchange for setting up the $900 million trust, all future asbestos-related claims against THAN were directed to the trust.

The six insurers agreed to make installment payments to Philips Electronics North America based on the distributions by the asbestos trust. They said in their lawsuit they may have paid $25 million more than they should have due to the suspected fraud.

The insurers are AIU Insurance Co, American Home Assurance Co, Birmingham Fire Insurance Co of Pennsylvania, Granite State Insurance Co, Lexington Insurance Co and National Union Fire Insurance Co of Pittsburgh.

In January, a judge found in the bankruptcy of Garlock Sealing Technologies that personal injury lawyers had repeatedly sought claims from asbestos trusts after their clients told courts they had no exposure to the products the trusts were compensating for.

Federal and state lawmakers have also proposed bills that would increase disclosure from the asbestos trusts.

The case is AIU Insurance Co et al v Philips Electronics North America Corp et al, Delaware Court of Chancery, No. 9852.

(Reporting by Tom Hals in Wilmington, Delaware; Editing by David Gregorio)

View article – 

Insurers sue asbestos trust for records, say they suspect fraud