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Mealey's Bankruptcy - Asbestos Claimants Oppose Expedited Confirmation For Energy Future's Plan

WILMINGTON, Del. - Proposed expedited protocols for confirmation of the plan of reorganization for Chapter 11 debtor Energy Future Holdings Corp. (EFH) should be rejected because they violate the due process rights of asbestos personal injury claimants, the two asbestos claimants on the debtor's...

Mealey's Bankruptcy - Garlock Files New Plan; Disclosure Statement Hearing Scheduled

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on May 23 said he will hold a hearing June 22 to consider approving the recently filed disclosure statement for the revamped plan of reorganization of Garlock Sealing Technologies LLC (GST) (In re: Garlock Sealing Technologies, LLC, et al.,...

Mealey's Bankruptcy - Rapid-American Insurers Win Summary Judgment Battle Over Limit Exhaustion

NEW YORK - Underlying insurance limits must be exhausted by actual payment before excess liability coverage attaches for three of four policies in dispute between Chapter 11 debtor Rapid-American Corp. and the three insurers that have not settled their coverage disputes with the company, a New York federal...

Mealey's Bankruptcy - Johns-Manville Fund Closed After Paying $76M To Asbestos Claimants

POUGHKEEPSIE, N.Y. - A fund established in the Chapter 11 case of Johns-Manville Corp. paid more than $76 million to 17,111 asbestos personal injury claimants before the fund was terminated in May, according to the fund's final report, filed June 10 in New York federal bankruptcy court (In re Johns...

Mealey's Bankruptcy - Bankruptcy Judge: Insurers Can Seek Contribution From Pittsburgh Corning Parent

PITTSBURGH - A Pennsylvania federal bankruptcy judge approved a stipulation June 14 allowing insurers to proceed with their claim against the parent company of Chapter 11 debtor Pittsburgh Corning Corp. (PCC) for contribution or indemnification in a Louisiana state court asbestos premises liability action...

Mealey's Bankruptcy - Asbestos Personal Injury Claimants Reject Budd's Plan Of Reorganization

CHICAGO - Asbestos claimants were the only class to reject the proposed Chapter 11 plan of reorganization for debtor The Budd Co. Inc., voting 958-696 against the plan, despite a recommendation to approve the plan by the official asbestos claimants' committee, according to a balloting report filed...

Mealey's Bankruptcy - Bankruptcy Judge Bars State Court Suit Against Johns-Manville Affiliate

NEW YORK - A New York federal bankruptcy judge on June 30 enjoined a woman's Louisiana state court asbestos personal injury lawsuit against a subsidiary of Johns-Manville Corp. after finding that the woman's claims are barred by decades-old injunctions in Johns-Manville's Chapter 11 case...

Mealey's Bankruptcy - Ford, Honeywell Seek To Mine Asbestos Claimant Data For Evidence Of Fraud

WILMINGTON, Del. - Ford Motor Co. on July 6 joined in two motions filed in Delaware federal bankruptcy court by Honeywell International Inc. seeking access to asbestos claimants' data in the Chapter 11 cases of W.R. Grace & Co. and The Flintkote Co. to review the information for evidence of fraud...

Mealey's Bankruptcy - Asbestos Claimants' Law Firm Approved In Eagle Case, But At Reduced Rates

NEW ORLEANS - A Louisiana federal bankruptcy judge on Aug. 1 allowed the asbestos claimants' committee in the Chapter 11 case of Eagle Inc. to replace its counsel with an out-of-state law firm but capped the firm's hourly fee amount after an Eagle insurer protested the requested change (In re...

Mealey's Bankruptcy - New York Housing Agency Seeks Rehearing On Claims Against G-I Holdings

NEW YORK - The New York City Housing Authority (NYCHA) on Aug. 1 asked a Third Circuit U.S. Court of Appeals panel to rehear its recent decision rejecting the authority's bid to force former Chapter 11 debtor G-I Holdings Inc. to remove asbestos-containing building materials from apartment buildings...

Mealey's Bankruptcy - Hearing Set On Honeywell's Bid For Asbestos Claimant Data In 9 Bankruptcies

WILMINGTON, Del. - A Delaware federal bankruptcy judge will hold a hearing in October on a request by Honeywell International Inc. for access to asbestos claimants' data in nine Chapter 11 cases, including W.R. Grace & Co.'s bankruptcy proceedings, and in the meantime will contact a retired...

Mealey's Bankruptcy - Bankruptcy Judge Splits $20 Million Fee Award Evenly Among 4 Law Firms

NEW YORK - A $20 million attorney fee fund from a settlement between an insurer and asbestos claimants should be divided equally among four law firms that negotiated the settlement based on the language and meaning of the agreement, a New York federal bankruptcy judge held Aug. 26 (In re: Johns-Manville...

Mealey's Bankruptcy - G-I Holdings Wins Summary Judgment On Claims By New York Housing Authority

NEWARK, N.J. - The New York City Housing Authority (NYCHA) cannot pursue asbestos property damage claims against former Chapter 11 debtor G-I Holdings Inc. because the authority's allegations fail to meet the required elements for indemnity or restitution, a New Jersey federal bankruptcy judge held...

Mealey's Bankruptcy - Asbestos Claimants Appeal Energy Future's Plan Confirmation

WILMINGTON, Del. - Three asbestos personal injury claimants on Sept. 12 appealed a Delaware federal bankruptcy court's recent confirmation of the first of two plans of reorganization for Chapter 11 debtor Energy Future Holdings Corp. (EFH) to federal court (In re: Energy Future Holdings Corp., et...

Mealey's Bankruptcy - Eagle Files Plan While Insurer Seeks Dismissal Of Case For Bad Faith

NEW ORLEANS - Former gasket and insulation distributor Eagle Inc. filed a Chapter 11 plan of reorganization and disclosure statement Sept. 13 in Louisiana federal bankruptcy court, a day after one of its insurers sought to have the debtor's case dismissed, saying the bankruptcy petition was filed...

Mealey's Bankruptcy - Judge Dismisses Appeal Of Future Claimants Of Energy Future's Failed Plan

WILMINGTON, Del. - A Delaware federal judge on Sept. 26 dismissed an appeal by potential asbestos claimants of the plan of reorganization for Chapter 11 debtor Energy Future Holdings Corp. (EFH) after finding that the plan is null and void because it was never consummated (Shirley Fenicle, et al. v....

Mealey's Bankruptcy - Judge Upholds Denial Of Class Certification For Unmanifested Asbestos Claims

WILMINGTON, Del. - A Delaware federal judge on Sept. 28 affirmed a bankruptcy court's denial of class certification for holders of possible future asbestos injury claims against Chapter 11 debtor Energy Future Holdings Corp., holding that the court did not abuse its discretion in finding that the...

Mealey's Bankruptcy - Asbestos Claims Force Kaiser Gypsum, Affiliate Into Chapter 11

CHARLOTTE, N.C. - Former gypsum plaster and wallboard manufacturer Kaiser Gypsum Co. Inc. filed a Chapter 11 petition Sept. 30 in North Carolina federal bankruptcy court along with cement company affiliate Hanson Permanente Cement Inc. (HPCI) to resolve thousands of asbestos personal injury claims filed...

Mealey's Bankruptcy - Only 2 Claims Against W.R. Grace Insurers Survive Summary Judgment

WILMINGTON, Del. - Two claimants in Libby, Mont., seeking to hold insurers of W.R. Grace & Co. liable for their asbestos injuries can pursue negligence and bad faith claims in state court against an insurer based on workers' compensation policies not covered by W.R. Grace's Chapter 11 reorganization;...

Mealey's Bankruptcy - Judge: Honeywell, Ford Can Use Asbestos Claimants' Data From 9 Bankruptcies

WILMINGTON, Del. - Honeywell International Inc. and Ford Motor Co. can access asbestos claimants' data in nine Chapter 11 cases, but only to investigate fraud in the claims process, and the information cannot be used for lobbying efforts, a Delaware federal bankruptcy judge held Nov. 8 (In re W.R...

Mealey's Bankruptcy - John Crane Says Law Firm's Arguments For Dismissal Don't Hold Water

CHICAGO - Asbestos personal injury law firm Simon Greenstone Panatier Bartlett provides no basis in three motions for an Illinois federal court to dismiss fraud, conspiracy and racketeering allegations leveled by John Crane Inc. (JCI), and the claims are sufficiently pleaded to survive the motions, JCI...

Mealey's Bankruptcy - Plaintiffs Appeal Ruling That Claims Against W.R. Grace Insurers Are Barred

WILMINGTON, Del. - Twenty-seven asbestos disease sufferers on Nov. 14 asked a Delaware federal court to decide if a bankruptcy judge erred in finding that their state law personal injury claims against insurers of Chapter 11 debtor W.R. Grace & Co. are barred by an injunction in W.R. Grace's...

Mealey's Bankruptcy - Kaiser Gypsum Wards Off Asbestos Claimants' Attempt To Transfer Case

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge, in a Nov. 22 minute order, denied a request by five asbestos personal injury claimants to transfer the recent Chapter 11 case of former gypsum plaster and wallboard manufacturer Kaiser Gypsum Co. Inc. to the U.S. District Court for the Western...

Mealey's Bankruptcy - Judge Vetoes Eagle's Disclosure Statement, Sets Hearing On Dismissal Of Case

NEW ORLEANS - A Louisiana federal bankruptcy judge on Nov. 18 rejected the disclosure statement for the plan of reorganization of Chapter 11 debtor Eagle Inc. and ordered the company to show why the case should not be dismissed for failure to file a disclosure statement or a feasible reorganization plan...

Mealey's Bankruptcy - Insurer Loses Bid For Judgment On Liquidating Trust's Payment Claims

OAKLAND, Calif. - An asbestos personal injury liquidating trust properly submitted proposals to an insurer regarding the payment of allowed claims that triggered the insurer's policies and did not violate two debtors' plan of reorganization by allocating to the insurer 100 percent of the liquidated...