Crowell and Moring Where Are They Now, Part 8
Crowell and Moring Where Are They Now, Part 8
Crowell and Moring Where Are They Now, Part 8
Asbestos Bankruptcy
Report
Where Are They Now, Part Eight: An Update On
Developments In Asbestos-Related Bankruptcy
Cases
by
Mark D. Plevin,
Tacie H. Yoon,
and
Leslie A. Davis
Crowell & Moring LLP
Washington, D.C.
and
Brendan V. Mullan,
Belinda Y. Liu,
and
Galen P. Sallomi
Crowell & Moring LLP
San Francisco, CA
A commentary article
reprinted from the
September 2016 issue of
Mealeys Asbestos
Bankruptcy Report
MEALEYS
Commentary
Where Are They Now, Part Eight: An Update On Developments In
Asbestos-Related Bankruptcy Cases
By
Mark D. Plevin,
Tacie H. Yoon,
Leslie A. Davis,
Brendan V. Mullan,
Belinda Y. Liu,
and
Galen P. Sallomi
over the past two years. We also present updated versions of three charts: one listing asbestos bankruptcies in
chronological order; one providing the same information, with the debtors listed in alphabetical order; and a
third listing the case numbers of asbestos bankruptcies,
the status of the plans in those cases, and the published
decisions that have arisen from those cases. We keep
these charts updated in real time on our web site, accessible at www.crowell.com/asbestosbankruptcy, and
will continue to do so as a resource available to those
interested in this eld.2
This article updates our last seven by noting the asbestos bankruptcies led since July 2014, summarizing
key developments in asbestos bankruptcies that were
pending when we last wrote, and discussing some of
the signicant themes we have observed in these cases
1.
two of its insurers, Eagle established a Qualied Settlement Fund to hold settlement payments made by
the insurers, which would be used in part to fund a
524(g) trust.9
On October 7, 2015, Eagle led a motion under
105(a) to enjoin asbestos claimants from pursuing direct actions against the insurers with whom
Eagle had settled.10 The court denied the motion on
October 28, 2015.11
In May 2016, the Unsecured Creditors Committee
moved to retain Caplin & Drysdale as bankruptcy
counsel and Gilbert LLP as special insurance counsel.12
The court denied the motions to retain Caplin &
Drysdale and Gilbert, but allowed the committee
to retain local counsel.13 On July 5, 2016, the committee led a motion seeking to substitute Caplin &
Drysdale for local counsel.14 The U.S. Trustee and
several non-settled insurers objected to the retention
motions, arguing that there was little reason to hire a
national rm like Caplin & Drysdale at much higher
rates than local counsel.15 Eagle supported the committees motion, asserting that Caplin & Drysdales
exceptional expertise in asbestos-mass tort bankruptcies would enable the debtor to quickly be in
a position to le a proposed plan.16 On August 1,
2016, the court granted the motion to employ
Caplin & Drysdale in place of local counsel effective
July 27, 2016, at a capped hourly rate of $475,
although both the hourly rates and a request to
employ Caplin & Drysdale nunc pro tunc may be
revisited at a later date.17
On August 31, 2016, USF&G led a motion to
appoint a Chapter 11 trustee in place of Eagles management.18 USF&G argued that Eagles management
had engaged in repeated acts of dishonesty in the
administration of the case and had irreconcilable
conicts of interest with the estate and its creditors.19
On September 12, 2016, Pacic Employers Insurance
Co. led a motion to dismiss the bankruptcy on the
grounds that (1) it was led in bad faith, (2) there is a
substantial or continuing loss to the estate and no
reasonable likelihood of rehabilitation, and (3) Eagle
will not be able to conrm a plan.20 A hearing on both
motions is scheduled for September 22, 2016.21
On September 13, 2016, Eagle led a plan of reorganization seeking relief under 524(g).22
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On April 14, 2015, the debtors led a plan of reorganization, which did not include any provisions seeking relief under 524(g).36 On December 7, 2015,
debtors Sixth Amended Joint Plan was conrmed.37
The conrmation order overruled an objection led
by unmanifested asbestos claimants which asserted
that the plan could not be conrmed because it did
not comply with 524(g).38
The conrmed plan included a proposed sale of an
EFHC subsidiary that is the largest electric utility
in Texas. However, certain conditions necessary for
the transaction to proceed did not occur before an
April 30, 2016 deadline, which rendered the conrmed plan null and void.39
The debtors led a new proposed plan on May 1,
2016 and an amended plan on May 10, 2016.40
The plan contemplates a spin off or sale of the assets
of debtor Texas Competitive Electric Holdings Company LLC and its direct and indirect subsidiaries (the
TCEH Debtors).41 It also provides that conrmation proceedings for the TCEH Debtors may occur
separately from the conrmation proceedings for
other EFHC debtors.42 Under the proposed plan,
asbestos claims against the EFH Debtors that were
timely led on or before the bar date shall be reinstated on the effective date of the conrmed plan.43
On August 5, 2016, debtors led their Third
Amended Joint Plan of Reorganization.44 That plan
reected the proposed restructuring of the EFH Debtors through a merger with NextEra Energy, a publicly
traded company.45 On August 29, 2016, the court
conrmed the Third Amended Plan (as amended on
August 23, 2016) with respect to the TCEH Debtors.46 On September 12, 2016, unmanifested asbestos
claimants who had objected at virtually all stages of
the plan formulation and conrmation process led a
notice of appeal from the conrmation order.47
The conrmation hearing with respect to the EFHC
Debtors is scheduled to begin on December 1,
2016.48
Geo. V. Hamilton. On October 8, 2015, Geo. V.
Hamilton, Inc. led a Chapter 11 petition in the U.S.
Bankruptcy Court for the Western District of Pennsylvania.49 For the last 70 years, Hamilton has been
engaged in the business of distributing, fabricating,
and installing insulation products, some of which contained asbestos. At the time of its bankruptcy ling,
approximately 2,000 asbestos cases were pending
against Hamilton, mainly in Pennsylvania, West Virginia, and Ohio.50 Hamilton had previously negotiated settlements with several of its insurers, but
only approximately $8 million in settlement funds
remained.51 Hamilton plans to seek relief under
524(g) to resolve its asbestos liabilities and protect
the companys continued viability.52
On October 23, 2015, an ofcial committee of asbestos claimants (Asbestos Claimants Committee or
ACC) was appointed,53 and on December 23,
2015, the bankruptcy court approved the appointment of Gary Philip Nelson as FCR.54 On July 21,
2016, the court granted Hamiltons motion to extend
its exclusive periods to le a proposed plan of reorganization and to solicit acceptances until December 16,
2016 and February 28, 2017, respectively.55
Henry Vogt. On September 14, 2012, Henry Vogt
Machine Co. (Vogt) led a voluntary Chapter 11
petition in the U.S. Bankruptcy Court for the Western District of Kentucky.56 In 1989, Vogt was rst
named as a defendant in litigation arising from asbestos that Vogt used in products that it manufactured.57
Since then, Vogt paid approximately $8 million in
settlements and $14 million in defense costs for asbestos claims.58 Through its bankruptcy ling, Vogt
intended to wind down its operations and liquidate
its assets for the benet of its creditors.59
Vogt led a proposed plan of liquidation on October 8,
2014.60 A law rm that represented asbestos claimants
objected to the accompanying disclosure statement
because it allegedly provided inadequate information
about the proposed treatment of asbestos claims and
debtors efforts to recover insurance proceeds to pay
such claims.61 On November 19, 2014, the court
approved an amended disclosure statement, and a conrmation hearing was scheduled for December 31,
2014.62
On December 22, 2014, Vogt led an amended plan
of liquidation which, unlike the earlier version of the
plan, included a class of General Unsecured Tort
Claims and provided for the establishment of a Creditors Trust, to which Vogts insurance policies and
coverage rights would be assigned.63 The Creditors
Trust would pay holders of allowed General Unsecured Tort Claims a pro rata share of net cash proceeds generated by the liquidation of Vogts
insurance policies, after the payment of an allowed
administrative claim in the amount of $75,000 held
by the law rm that had objected to the disclosure
statement.64
Certain insurers objected to conrmation of the
amended plan because the debtor provided inadequate notice of that plan, the amended plan was not
insurance neutral, and the amended plan purported
to provide relief under 524(g) of the Bankruptcy
Code without meeting the statutory requirements.65
On December 31, 2014, the bankruptcy court conrmed the amended plan of liquidation.66
On January 14, 2015, the objecting insurers appealed
from the conrmation order.67 On February 24,
2015, the bankruptcy court denied the insurers
motion for a stay pending appeal.68 On March 3,
2015, the bankruptcy court entered an order closing
the case.69 On March 6, 2015, the district court
entered an order granting a joint motion to dismiss
the insurers appeal.70
Oakfabco. On August 7, 2015, Oakfabco, Inc. led a
voluntary Chapter 11 petition in the U.S. Bankruptcy
Court for the Northern District of Illinois.71 Oakfabco is the reorganized debtor that emerged in
1988 from a prior bankruptcy case led by Kewanee
Boiler Corp.72 The earlier bankruptcy case resolved all
then-existing asbestos claims against Kewanee Boiler,
but did not resolve future asbestos claims.73 Specically, in 1996, the Kewanee Boiler bankruptcy court
ordered that post-conrmation asbestos claims could
be litigated against Oakfabco and would not be paid
under the Kewanee Boiler plan.74
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the bankruptcy court entered a consent order resolving the appeal, based on an agreement between the
U.S. Trustee and the debtor that the debtor would le
a modied conrmation order and plan.128 That same
day, the bankruptcy court entered an amended conrmation order.129 On April 22, 2015, the court
entered an order stating that the estate had been
fully administered and closing the case.130
Flintkote. As we reported previously, following conrmation of Flintkotes original plan by the bankruptcy court in December, 2012,131 Flintkotes
former parent, Imperial Tobacco Canada Ltd.
(ITCAN), appealed the conrmation ruling to the
district court, which afrmed the conrmation order
in July, 2014.132 ITCAN then appealed the district
courts decision to the Third Circuit. On February 9,
2015, Flintkote led an amended plan and disclosure
statement, reecting that Flintkote and ITCAN had
settled their dispute and that in exchange for
ITCANs contribution of $575 million to Flintkotes
reorganization, ITCAN and related parties would be
protected by the 524(g) channeling injunction from
future asbestos claims.133 On August 10, 2015, the
bankruptcy court entered an order conrming the
amended plan and approving the ITCAN settlement.134 The district court afrmed the conrmation
order on August 13, 2015.135 On October 8, 2015,
the Third Circuit dismissed ITCANs appeal on joint
stipulation by the parties.136
During the pendency of the Third Circuit appeal,
Flintkote entered into a $1.7 million settlement agreement with one of its insurers, Travelers, which provided for a policy buyback by Travelers, mutual
releases of claims arising out of the subject policies
or asbestos claims arising under the policies, and protection for Travelers under 524(g).137
On April 4, 2016, a federal district court in California,
applying California law, awarded partial summary
judgment to insurers in a coverage dispute with Flintkote.138 The court found that the subject policies only
obligate the insurers to pay Flintkote for the amount
that Flintkote actually pays to asbestos claimants out of
the trust, rejecting Flintkotes argument that recovering
the full liquidated value from the insurer would ultimately lead to a greater recovery for asbestos claimants.139 The California district court also granted
Flintkotes and the trusts motion for a bond pursuant
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On July 29, 2016, the court entered an order establishing conrmation-related deadlines and procedures.157 Among other things, the order states that
after OldCo (Coltec) commences its bankruptcy
case, it will seek a bar date for asbestos claims against
Coltec that are based on asbestos-related disease diagnosed on or before August 1, 2014, for which a lawsuit against any defendant or a claim against any
asbestos trust was led on or before August 1,
2014.158 The order also provides that the conrmation hearing will commence on May 15, 2017.159
Lloyd E. Mitchell. As we previously reported, one
plaintiffs law rm the Nicholl rm which had
vigorously opposed efforts to lift the automatic stay so
that claimants represented by the Angelos rm could
receive payments on their asbestos claims from the
debtors insurers, had appealed the district courts ruling afrming the bankruptcy courts lift-stay ruling. On
September 19, 2014, the Fourth Circuit granted a stipulated motion for voluntary dismissal of the appeal.160
On November 5, 2014, the bankruptcy court entered
an order dismissing the bankruptcy case.161
Metex. On August 1, 2014, the district court afrmed
the bankruptcy courts order conrming Metexs plan
of reorganization and issuing an injunction under
524(g).162 The effective date of the plan occurred
on September 3, 2014.163
Pittsburgh Corning. As we previously reported, the
bankruptcy courts May 24, 2014 conrmation order
was appealed by two of Pittsburgh Cornings insurers
and Garlock, although Garlock voluntarily dismissed
its appeal on March 14, 2014.164 On September 30,
2014, the district court afrmed the bankruptcy
courts conrmation order, overruling plan objections
by the insurers.165
The insurers appealed to the Third Circuit.166 On
March 26, 2015, the insurers moved for relief from
the district courts judgment based on alleged new evidence that law rms representing asbestos claimants
had engaged in fraud by concealing evidence regarding
their clients exposure to asbestos products, pursuing
invalid or fraudulent claims, and casting fraudulent
ballots on bankruptcy plans.167 The insurers asserted
that if such new evidence had been available before the
district court entered its afrmation order, the insurers
could have supplemented the record there, which
would have altered the outcome.168
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2016. One motion sought a declaration that a threeyear excess policy issued by St. Paul provided three
annual aggregate limits, totaling $30 million.181 The
other motion sought a declaration that St. Paul was
required to pay for asbestos-related damages once the
debtors asbestos liabilities exceeded the limits of the
underlying policies, rather than after the insured had
exhausted the limits of underlying insurance by actual
payment.182
National Union led two cross-motions for summary
judgment, arguing that (a) one of its excess policies,
issued for a 14-month period, provided a single aggregate limit of $7 million, rather than two separate
aggregate limits totaling $14 million, and (b) its excess
policies are triggered only when the underlying insurance is exhausted by actual payment of claims or
losses. 183 St. Paul and Travelers also led crossmotions for partial summary judgment that were mirror images of the plaintiffs motions.184
On June 7, 2016, the bankruptcy court granted the
insurers cross-motions for summary judgment in
part, holding that all but one of the excess policies
required the underlying policies to be exhausted by
actual payment before their liability attaches.185 The
court noted that the motions and cross-motions for
summary judgment regarding the aggregate limits of
the 3-year St. Paul policy and the 14-month National
Union policy were likely rendered moot by this decision, but invited the parties to contact the court to
discuss that issue.186
To date, Rapid-American has not yet led a plan.
Resillo Press Pad. On September 9, 2014, the bankruptcy court granted a motion led by Resillos Chapter 7 trustee to approve an agreement with two of
Resillos liability insurers regarding post-bankruptcy
service of new asbestos claims, insurer access to the
debtors books and records, and related matters. The
order also lifted the automatic stay to allow asbestos
claimants to pursue their claims against Resillo, provided that any judgments would be satised by available insurance coverage.187 On February 4, 2015, the
bankruptcy court closed the bankruptcy case.188
Specialty Products/Bondex. This case was resolved
in late 2014 by the ling of a consensual plan of
reorganization involving Specialty Products and
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10
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asbestos personal injury trust established by the conrmed plan.215 On August 18, 2016, the court sustained the omnibus objection, and disallowed the
asbestos proofs of claim, without prejudice to the
claimants seeking payment from the trust.216
In Budd, the court sua sponte entered an order scheduling a hearing to set a bar date for all non-administrative
claims.217 The debtor urged the court to require asbestos claimants to le proofs of claim identifying, among
other things, the Budd asbestos-containing product to
which they allegedly were exposed, the circumstances
of exposure, and the resulting disease, and providing
information about the claimants medical history, litigation relating to the claim, and claims submitted to
asbestos trusts, in order to ferret out illegitimate claims
and to identify claimants who had already been paid by
other defendants or by asbestos trusts.218 The ACC
opposed the setting of a claims bar date for asbestos
claims, arguing that most courts handling asbestos
bankruptcy cases had not required asbestos claimants
to le proofs of claim.219 The ACC asserted that
requiring the ling of claim forms was unnecessary
because the bankruptcy court would not have jurisdiction in any event to resolve such bodily injury and
wrongful death claims, and requiring asbestos proofs
of claim to be led would cause the asbestos victims
undue anxiety and would burden the bankruptcy estate
with excessive claim processing costs.220 The claim
form that was ultimately approved by the Budd court
required each asbestos claimant to provide exposure
information, but did not require information about
claims submitted to asbestos trusts or recoveries from
other defendants.221 Only claimants whose asbestosrelated disease had been diagnosed on or before the
petition date were required to le proofs of claim.222
Budd later objected to a large number of asbestos
proofs of claim, alleging that they were barred by res
judicata. Thereafter, several of Budds insurers sought
to join Budds objections or to le their own objections, and litigation ensued with the ACC, culminating several months later in the entry of orders
withdrawing the reference with respect to the asbestos
claims and granting relief from the automatic stay to
litigate the asbestos claims in the tort system.223
Before any such litigation commenced, however, the
parties reached agreement on a consensual plan pursuant to which asbestos claims would pass through the
bankruptcy and be paid from one of two funds established under the plan.
11
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Resolving asbestos claims through the establishment of non-524(g) trusts. Several recent debtors
have chosen not to seek relief under 524(g), but
rather to try to establish non-524(g) trusts to marshal
insurance proceeds to pay present and future asbestos
claimants. In Budd, for example, the debtor stated that
it had insurance policies that would provide $100 million in coverage for asbestos claims.233 Budds conrmed plan of reorganization provided for claims to
return to the tort system and for settlements and
judgments to be paid by either an insured asbestos
claims fund or an uninsured asbestos claims fund, as
appropriate. The Budd plan also created an administrative fund to pay asbestos claims and related
expenses, and provided that unspent amounts in
the various funds would ow into an asbestos
springing trust, in the event the reorganized debtor
dissolved.234 The asbestos springing trust is to dissolve when all lawsuits arising from asbestos claims
brought as of January 1, 2045 have been resolved.235
Some liquidating debtors established trusts funded by
insurance assets to pay asbestos claims. Reichhold, for
example, which asserted that it had insurance with
12
The use of trusts in non-524(g) cases may gain traction, since the process does not require payment of
fees for ACCs or FCRs and, as the EFHC court has
held, 524(g) is not the exclusive means to deal with
asbestos liabilities in bankruptcy cases.241 However,
all such efforts must confront the Third Circuits
admonition in Combustion Engineering that we do
not believe that 105(a) can be employed to extend a
channeling injunction to non-debtors in an asbestos
case where the requirements of 524(g) are not otherwise met. 242
Attempts to obtain access to asbestos claimant
information. Following the Garlock estimation decision, various entities have sought access to records
relating to asbestos claimants and payments made to
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Conclusion
CHART 1:
COMPANY NAME AND YEAR OF BANKRUPTCY FILING
(CHRONOLOGICALLY)
Company
Year
UNR Industries
1982
Johns-Manville Corp.
1982
Amatex Corp.
1982
Unarco
1982
1983
1984
13
Company
14
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Year
Forty-Eight Insulations
1985
1986
1986
1986
McLean Industries
1986
1986
Gatke Corp.
1987
Todd Shipyards
1987
Nicolet, Inc.
1987
1989
Delaware Insulations
1989
1989
Celotex Corp.
1990
1990
National Gypsum
1990
Eagle-Picher Industries
1991
1991
Kentile Floors
1992
1993
Keene Corp.
1993
1995
1996
M.H. Detrick
1998
Fuller-Austin
1998
Brunswick Fabricators
1998
Harnischfeger Corp.
1999
1999
2000
Pittsburgh Corning
2000
2000
2000
2001
G-I Holdings
2001
2001
W.R. Grace
2001
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Company
Year
USG Corp.
2001
E.J. Bartells
2001
2001
Federal Mogul
2001
2001
2001
Insul Co.
2001
2001
2002
Kaiser Aluminum
2002
2002
Plibrico Co.
2002
2002
Porter-Hayden Co.
2002
2002
2002
2002
ACandS
2002
2002
A-Best Products
2002
2002
C.E. Thurston
2003
Combustion Engineering
2003
Congoleum Corp.
2003
2003
2003
Muralo Co.
2003
2004
2004
Special Electric
2004
Quigley Co.
2004
Utex Industries
2004
2004
API, Inc.
2005
2005
15
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Company
2005
2005
Dana Corporation
2006
2006
2006
2007
2007
2007
2008
2008
2008
2009
Year
Asarco1
2009
3
2009
2010
2010
2010
2010
2010
2011
2011
2011
2012
2012
2012
2012
2013
2013
Rapid-American Corp.
2013
2013
Three subsidiaries of Asarco AR Sacaton LLC; Southern Peru Holdings, LLC; and Asarco Exploration Company led for Chapter 11 on December 12, 2006, citing asbestos exposure.
Pacic Insulation Co. is related to Thorpe Insulation Co., which led two weeks earlier in the same court.
An afliate of Durabla Durabla Canada Ltd. led for Chapter 11 on November 8, 2010, citing asbestos exposure.
4
Two afliates of Bondex and SPHC NMBFIL, Inc., formerly known as Bondo Corporation, and Republic Powdered Metals, Inc. led for Chapter 11 on August 15, 2014 and August 31,
2014, respectively.
2
3
16
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Company
Year
Saberhagen Holdings
2013
Yarway Corporation
2013
2013
Budd Company
2014
2014
2014
Oakfabco, Inc.
2015
Eagle, Inc.
2015
2015
Sepco Corporation
2016
CHART 2:
COMPANY NAME AND YEAR OF BANKRUPTCY FILING
(ALPHABETIZED)
Company
ABB Lummus Global
2006
A-Best Products
2002
ACandS, Inc.
2002
2013
Amatex Corp.
1982
1993
2010
1990
API, Inc.
2005
2000
2002
Asarco, Inc.
Year
2005
2002
Three subsidiaries of Asarco AR Sacaton LLC; Southern Peru Holdings, LLC; and Asarco Exploration Company led for Chapter 11 on December 12, 2006, citing asbestos exposure.
17
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Company
Year
2000
2010
2005
Brunswick Fabricators
1998
Budd Company
2014
2001
1990
Celotex Corp.
1990
C.E. Thurston
2003
2001
2008
Combustion Engineering
2003
Congoleum Corp.
2003
2013
2011
Dana Corporation
2006
1989
2013
2009
Eagle, Inc.
2015
1991
2001
2014
2001
Flintkote Co.
2004
2004
Forty-Eight Insulations
1985
1998
4
2010
Gatke Corp.
1987
2009
2015
Two afliates of Bondex and SPHC NMBFIL, Inc., formerly known as Bondo Corporation, and Republic Powdered Metals, Inc. led for Chapter 11 on August 15, 2014 and August 31,
2014, respectively.
An afliate of Durabla Durabla Canada Ltd. led for Chapter 11 on November 8, 2010, citing asbestos exposure.
4
Garlock led along with its afliates The Anchor Packing Company and Garrison Litigation Management Group Ltd.
3
18
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Company
Year
G-I Holdings
2001
GIT/Harbison-Walker/AP Green
2002
Harnischfeger Corp.
1999
2012
2008
Hillsborough Holdings
1989
1991
Insul Co.
2001
2003
Johns-Manville Corp.
1982
2002
2004
2002
Keene Corp.
1993
1992
2005
2010
2006
McLean Industries
1986
2012
M.H. Detrick
1998
2003
2003
2001
1990
2012
2002
Nicolet, Inc.
1987
Oakfabco, Inc.
2015
2004
2012
Owens Corning/Fibreboard
2000
2007
Pacic Insulation Co. is related to Thorpe Insulation Co., which led two weeks earlier in the same court.
19
Company
20
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Year
1986
Pittsburgh Corning
2000
2009
Plibrico Co.
2002
Porter-Hayden Co.
2002
1986
2010
Quigley Co.
2004
Rapid-American Corp.
2013
1989
2014
2013
1996
1999
Saberhagen Holdings
2013
2007
Sepco Corporation
2016
2002
2001
2004
2002
1986
2011
2001
2008
2007
Todd Shipyards
1987
2010
1982
2011
1986
2001
1982
USG Corp.
2001
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Company
Year
Utex Industries
2004
1984
1983
Western Macarthur
2002
2001
Yarway Corporation
2013
CHART 3:
COMPANY NAME, CASE NO., COURT,
PLAN STATUS & PUBLISHED DECISIONS
Company
Plan Status
No. 06-10401-JKF
(Bankr. D. Del.)
A-Best Products
No. 02-12734-JKF
(Bankr. D. Del.)
ACandS, Inc.
Amatex Corp.
Published Decisions
21
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Company
Plan Status
A.P.I., Inc.
Faricy Law Firm v. A.P.I., Inc. Asbestos Settlement Trust (In re A.P.I., Inc.), 537 B.R. 902
(Bankr. D. Minn. 2015); In re A.P.I., Inc.,
331 B.R. 828 (Bankr. D. Minn. 2005), affd
sub nom. OneBeacon American Ins. Co. v.
A.P.I., Inc., 2006 WL 1473004 (D. Minn.
May 25, 2006); In re A.P.I., Inc., 324 B.R.
761 (Bankr. D. Minn. 2005).
Published Decisions
Asarco, LLC
22
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Company
Plan Status
Published Decisions
Budd Company
Nos. 90-10016-8B1,
90-10017-8B1 (Bankr.
M.D. Fla.)
Celotex Corp.
Nos. 90-10016-8B1,
90-10017-8B1 (Bankr.
M.D. Fla.)
23
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Company
Plan Status
Published Decisions
Cir. 2010); Asbestos Settlement Trust v.
Continental Ins. Co. (In re Celotex Corp.), 299
Fed. Appx. 850 (11th Cir. 2008); Asbestos
Settlement Trust v. City of New York (In re
Celotex Corp.), 487 F.3d 1320 (11th Cir.
2007); Fibreboard Corp. v. Celotex Corp. (In re
Celotex Corp.), 472 F.3d 1318 (11th Cir.
2006); Dana Corp. v. Celotex Asbestos Settlement Trust, 251 F.3d 1107 (6th Cir. 2001);
Owens-Illinois, Inc. v. Rapid Am. Corp. (In re
Celotex Corp.), 124 F.3d 619 (4th Cir. 1997);
Hillsborough Holdings Corp. v. Celotex Corp.,
123 B.R. 1018 (M.D. Fla. 1990); Southern
Wesleyan Univ. v. Andrews (In re Celotex
Corp.), 427 B.R. 909 (Bankr. M.D. Fla.
2010), affd, 496 Fed. Appx. 3 (11th Cir.
2012); Asbestos Settlement Trust v. Anderson
Mem. Hosp. (In re Celotex Corp.), 380 B.R.
895 (Bankr. M.D. Fla. 2008); In re Celotex
Corp., 380 B.R. 623 (Bankr. M.D. Fla. 2007);
Asbestos Settlement Trust v. Port Auth. Of
NY & NJ (In re Celotex Corp.), 377 B.R. 345
(Bankr. M.D. Fla. 2006); Celotex Corp. v.
Allstate Ins. Co. (In re Celotex Corp.), 336 B.R.
833 (Bankr. M.D. Fla. 2005); Asbestos Settlement Trust v. Utah (In re Celotex Corp.), 330
B.R. 815 (Bankr. M.D. Fla. 2005); In re
Celotex Corp., 289 B.R. 460 (Bankr. M.D.
Fla. 2003); In re Celotex Corp., 245 B.R. 174
(Bankr. M.D. Fla. 2000); In re Celotex Corp.,
224 B.R. 853 (Bankr. M.D. Fla. 1998); In re
Celotex Corp., 204 B.R. 586 (M.D. Fla.
1996); Celotex Corp. v. AIU Ins. Co. (In re
Celotex Corp.), 187 B.R. 746 (M.D. Fla.
1995); In re Celotex Corp., 152 B.R. 667
(Bankr. M.D. Fla. 1993); In re Celotex Corp.,
152 B.R. 661 (Bankr. M.D. Fla. 1993); In re
Celotex Corp., 149 B.R. 997 (Bankr. M.D.
Fla. 1993); In re Celotex Corp., 140 B.R. 912
(Bankr. M.D. Fla. 1992); In re Celotex Corp.,
123 B.R. 917 (Bankr. M.D. Fla. 1991);
Hillsborough Holdings Corp. v. Celotex Corp.
(In re Hillsborough Holdings Corp.), 123 B.R.
1004 (Bankr. M.D. Fla. 1990).
C.E. Thurston
No. 03-75932-SCS
(Bankr. E.D. Va.)
Combustion Engineering
24
MEALEYS
Company
Plan Status
Published Decisions
2003), revd, In re Combustion Engg, Inc., 391
F.3d 190 (3d Cir. 2004); Pre-Petition Comm.
of Select Asbestos Claimants v. Combustion
Engg, Inc. (In re Combustion Engg, Inc.), 292
B.R. 515 (Bankr. D. Del. 2003). See also In re
Motions for Access of Garlock Sealing Technologies LLC, 488 B.R. 281 (D. Del. 2013) (also
entered in the ACandS, Armstrong, Flintkote,
Kaiser Aluminum, Owens Corning, USG,
United States Mineral Products, and W.R.
Grace bankruptcy cases).
Congoleum Corp.
Dana Corporation
25
MEALEYS
Company
Plan Status
Published Decisions
No. 8:13-bk-19741-ES
(Bankr. C.D. Cal.)
No. 09-14415-MFW
(Bankr. D. Del.)
Eagle, Inc.
No. 15-12437
Eagle-Picher Industries
26
Caradon Doors & Windows, Inc. v. EaglePicher Indus., Inc. (In re Eagle-Picher Indus.,
Inc.), 447 F.3d 461 (3d Cir. 2006); American
Imaging Services, Inc. v. Eagle-Picher Indus.,
Inc. (In re Eagle-Picher Indus., Inc.), 963 F.2d
855 (6th Cir. 1992); In re Eagle-Picher Holdings, Inc., 345 B.R. 860 (S.D. Ohio 2006);
Ofcial Comm. of Unsecured Creditors v. EaglePicher Indus., Inc. (In re Eagle-Picher Indus.,
Inc.), 169 B.R. 130 (S.D. Ohio 1994); In re
Eagle-Picher Indus., 203 B.R. 256 (Bankr.
S.D. Ohio 1996), affd, 1996 U.S. Dist.
LEXIS 17160 (S.D. Ohio Nov. 18, 1996),
affd without op., 172 F.3d 48 (6th Cir. 1998);
In re Eagle-Picher Indus., 189 B.R. 681
(Bankr. S.D. Ohio 1995), affd, 1996 U.S.
Dist. Lexis 22742 (S.D. Ohio 1996); In re
Eagle-Picher Indus., 144 B.R. 69 (Bankr. S.D.
Ohio 1992).
MEALEYS
Company
Plan Status
Published Decisions
Energy Future Holdings Corp.), 531 B.R. 499
(Bankr. D. Del. 2015); Delaware Trust Co. v.
Energy Future Intermediate Holding Co. LLC
(In re Energy Future Holdings Corp.), 527 B.R.
178 (Bankr. D. Del. 2015); In re Energy
Future Holdings Corp., 522 B.R. 520 (Bankr.
D. Del. 2015).
Federal-Mogul
Flintkote Co.
27
MEALEYS
Company
Plan Status
Published Decisions
Mineral Products, USG, W.R. Grace, Pittsburgh Corning, NARCO, and Mid-Valley
bankruptcy cases). See also In re Motions for
Access of Garlock Sealing Technologies LLC,
488 B.R. 281 (D. Del. 2013) (also entered in
the ACandS, Armstrong, Combustion Engineering, Kaiser Aluminum, Owens Corning,
USG, United States Mineral Products, and
W.R. Grace bankruptcy cases); Flintkote Co. v.
Genl Acc. Assur. Co., 480 F. Supp.2d 1167
(N.D. Cal. 2007); Flintkote Co. v. Genl Acc.
Assur. Co., 410 F. Supp.2d 875 (N.D. Cal.
2006); Hopkins v. Plant Insulation Co., 349
B.R. 805 (N.D. Cal. 2006); Hopkins v. Plant
Insulation Co., 342 B.R. 703 (D. Del. 2006).
Forty-Eight Insulations
No. 85-B-05061
(Bankr. N.D. Ill.)
Gatke Corp.
Petition led June 1, 2009. Asbestos Claimants Committee appointed March 2, 2010.
Debtors motion for appointment of an FCR
granted April 8, 2010. Amended Joint
Chapter 11 Plan led December 7, 2010.
Motion to estimate Debtors asbestos liabilities led November 15, 2010. Stipulation
estimating Debtors asbestos liability at $625
million led January 21, 2011. Bankruptcy
court conrmed the plan on March 29, 2011.
28
MEALEYS
Company
Plan Status
Published Decisions
2015); In re Motors Liquidation Co., 531 B.R.
354 (Bankr. S.D.N.Y. 2015), affd in part,
revd in part, vacated in part, and remanded, In
re Motors Liquidation Corp., __ F.3d __, 2016
WL 3766237 (2d Cir. 2016); In re Motors
Liquidation Co., 529 B.R. 510 (Bankr.
S.D.N.Y. 2015), affd in part, revd in part,
vacated in part, and remanded, In re Motors
Liquidation Corp., __ F.3d __, 2016 WL
3766237 (2d Cir. 2016); In re Motors Liquidation Co., 522 B.R. 13 (Bankr. S.D.N.Y.
2014); In re Motors Liquidation Co., 514 B.R.
377 (Bankr. S.D.N.Y. 2014), affd in part,
revd in part, vacated in part, and remanded, In
re Motors Liquidation Corp., __ F.3d __, 2016
WL 3766237 (2d Cir. 2016); In re Motors
Liquidation Co., 513 B.R. 467 (Bankr.
S.D.N.Y. 2014); In re Motors Liquidation Co.,
460 B.R. 603 (Bankr. S.D.N.Y. 2011),
vacated, 475 B.R. 347 (S.D.N.Y. 2012); In re
Motors Liquidation Co., 447 B.R. 150 (Bankr.
S.D.N.Y. 2011); In re Motors Liquidation Co.,
438 B.R. 365 (Bankr. S.D.N.Y. 2010); In re
General Motors Corp., 409 B.R. 24 (Bankr.
S.D.N.Y. 2009); In re General Motors Corp.,
407 B.R. 463 (Bankr. S.D.N.Y. 2009), affd,
428 B.R. 43 (S.D.N.Y. 2010) and 430 B.R.
65 (S.D.N.Y. 2010).
G-I Holdings
29
MEALEYS
Company
Plan Status
Published Decisions
D.N.J. 2005); In re G-I Holdings, 323 B.R.
583 (Bankr. D.N.J. 2005); G-I Holdings, Inc.
v. Those Parties Listed On Exhibit A (In re G-I
Holdings, Inc.), 313 B.R. 612 (Bankr. D.N.J.
2004); In re G-I Holdings, Inc.), 308 B.R. 196
(Bankr. D.N.J. 2004); In re G-I Holdings, Inc.,
292 B.R. 804 (Bankr. D.N.J. 2003); G-I
Holdings, Inc. v. Reliance Ins. Co. (In re G-I
Holdings, Inc.), 278 B.R. 725 (Bankr. D.N.J.
2002); G-I Holdings, Inc. v. Hartford Acc. &
Indem. Co. (In re G-I Holdings, Inc.), 278 B.R.
376 (Bankr. D.N.J. 2002).
GIT/Harbison-Walker/AP Green
Harnischfeger Corp.
No. 08-27822-MS
(Bankr. D.N.J.)
Hillsborough Holdings
30
MEALEYS
Company
Plan Status
Published Decisions
Insul Co.
Johns-Manville Corp.
31
MEALEYS
Company
Plan Status
Published Decisions
Johns-Manville Corp. (In re Johns-Manville
Corp.), 26 B.R. 405 (Bankr. S.D.N.Y. 1983);
In re Johns-Manville Corp., 39 B.R. 998
(S.D.N.Y. 1984); Commercial Union Ins.
Co. v. Johns-Manville Corp. (In re JohnsManville Corp.), 31 B.R. 965 (S.D.N.Y.
1983); In re Johns-Manville Corp., 552 B.R.
221 (Bankr. S.D.N.Y. 2016); In re JohnsManville Corp., 534 B.R. 553 (Bankr.
S.D.N.Y. 2015), affd in part and revd in part,
551 B.R. 104 (S.D.N.Y. 2016); In re JohnsManville Corp., 440 B.R. 604 (Bankr.
S.D.N.Y. 2010), revd, 845 F. Supp.2d 584
(S.D.N.Y. 2012), revd, No. 12-1094 (2d
Cir., July 22, 2014); Johns-Manville Corp. v.
Colorado Ins. Guar. Assn, 91 B.R. 225 (Bankr.
S.D.N.Y. 1988); In re Johns-Manville Corp.,
68 B.R. 618 (Bankr. S.D.N.Y. 1986);
Committee of Asbestos-Related Litigants v.
Johns-Manville Corp. (In re Johns-Manville
Corp.), 60 B.R. 612 (Bankr. S.D.N.Y. 1986);
In re Johns-Manville Corp., 36 B.R. 743
(Bankr. S.D.N.Y. 1984); Johns-Manville Corp. v.
Asbestos Litig. Group (In re Johns-Manville Corp.),
33 B.R. 254 (Bankr. S.D.N.Y. 1983); Findley v.
Falise (In re Joint Eastern & Southern Districts
Asbestos Litig.), 878 F. Supp. 473 (E. &
S.D.N.Y. 1995), affd in part, revd in part, 78
F.3d 764 (2d Cir. 1996); Findley v. Falise (In re
Johns-Manville Corp.), 982 F.2d 721 (2d Cir.
1992). See also Volkswagen of America, Inc. v.
Superior Court, 139 Cal. App.4th 1481 (2006);
Findley v. Trustees of the Manville Personal Injury
Settlement Trust (In re Joint E. & S. Dists. Asbestos
Litig.), 237 F. Supp.2d 297 (Bankr. S.D.N.Y.
2002); In re Davis, 730 F.2d 176 (5th Cir.
1984) (per curiam).
JT Thorpe Co.
No. 02-41487-H5-11
(Bankr. S.D. Tex.)
JT Thorpe, Inc.
No. LA02-14216-BB
(Bankr. C.D. Cal.)
32
MEALEYS
Company
Plan Status
Published Decisions
Aluminum & Chem. Corp. (In re Kaiser
Aluminum Corp.), 303 B.R. 299 (D. Del.
2003); In re ACandS, Inc., 462 B.R. 88 (Bankr.
D. Del. 2011) (also entered in the Armstrong,
Combustion Engineering, Flintkote, Kaiser
Aluminum, Owens Corning, U.S. Mineral
Products, USG, W.R. Grace, Pittsburgh Corning,
NARCO, and Mid-Valley bankruptcy cases).
See also In re Motions for Access of Garlock
Sealing Technologies LLC, 488 B.R. 281 (D.
Del. 2013) (also entered in the ACandS,
Armstrong, Combustion Engineering, Flintkote,
Owens Corning, USG, United States Mineral
Products, and W.R. Grace bankruptcy cases);
Volkswagen of America, Inc. v. Superior Court,
139 Cal. App.4th 1481 (2006).
Keene Corp.
No. 93 B 46090, 96 CV
3492 (Bankr. S.D.N.Y.)
No. 10-12199-CSS
(Bankr. D. Del.)
M.H. Detrick
No. 03-35592-JKF
(Bankr. W.D. Pa.)
33
MEALEYS
Company
Plan Status
Published Decisions
Mid-Valley bankruptcy cases). See also Archdiocese of Milwaukee Supporting Fund, Inc. v.
Halliburton Co., 597 F.3d 330 (5th Cir. 2010),
vacated and remanded, 131 S. Ct. 2179 (2011),
on remand, 647 F.3d 533 (5th Cir. 2011).
No. 03-26723-MS
(Bankr. D.N.J.)
Nicolet, Inc.
No. 04-10558-JBR
(Bankr. D. Del.)
34
MEALEYS
Company
Plan Status
Published Decisions
No. 86-03252G
(Bankr. E.D. Pa.)
35
MEALEYS
Company
Plan Status
Published Decisions
Porter-Hayden Co.
Quigley Co.
No. 04-15739-SMB
(Bankr. S.D.N.Y.)
Rapid-American Corp.
No. 13-10687-smb
(Bankr. S.D.N.Y.)
36
MEALEYS
Company
Plan Status
Nos. CV-99-J-1589-S,
BK-96-08295-TBB-11
(Bankr. N.D. Ala.)
Published Decisions
No. 13-13531-MLB
(Bankr. W.D. Wash.)
Sepco Corporation
No. 02-02771-BGC-11
(Bankr. N.D. Ala.)
No. 01-23987-MBM
(Bankr. W.D. Pa.)
No. 10-11780-PJW
(Bankr. D. Del.)
No. 86-03413-1-11
(Bankr. W.D. Mo.)
37
MEALEYS
Company
Plan Status
No. 11-15110-MBK
(D.N.J.)
No. 01-11690-JKF
(Bankr. D. Del.)
No. 08-14692-reg
(Bankr. S.D.N.Y.)
No. 07-19271-BB
(Bankr. C.D. Cal.)
Published Decisions
No. 5:11-bk-02032
(Bankr. M.D. Pa.)
Petition led March 23, 2011. Plan of reorganization conrmed by the bankruptcy court on
December 8, 2014. Plan conrmation afrmed
by the district court later that same day.
Asbestosis Claimants v. U.S. Lines Reorganization Trust (In re United States Lines, 318 F.3d
432 (2d Cir. 2003), affg U.S. Lines, Inc. v.
U.S. Lines Reorganization Trust, 262 B.R. 223
(S.D.N.Y. 2001); Maritime Asbestos Legal
Clinic v. United States Lines, Inc. (In re United
States Lines), 216 F.3d 228 (2d Cir. 2000); In
re United States Lines, 197 F.3d 631 (2d Cir.
1999), revg United States Lines, Inc. v. American S.S, Owners Mut. Protection & Indem.
Assn, 220 B.R. 5 (S.D.N.Y. 1997), revg
United States Lines, Inc. v. American S.S.
Owners Mut. Protection & Indem. Assn, 169
B.R. 804 (Bankr. S.D.N.Y. 1994); U.S. Lines,
Inc. v. U.S. Lines Reorganization Trust, 262
B.R. 223 (S.D.N.Y. 2001), affd, 318 F.3d
432 (2d Cir. 2003).
38
MEALEYS
Company
Plan Status
Published Decisions
for Access of Garlock Sealing Technologies LLC,
488 B.R. 281 (D. Del. 2013) (also entered in
the ACandS, Armstrong, Combustion Engineering,
Flintkote, Kaiser Aluminum, Owens Corning,
USG, and W.R. Grace bankruptcy cases).
Nos. 82 B 9841-9845,
82 B 9847, 82 B 9849
(Bankr. N.D. Ill.)
USG Corp.
39
MEALEYS
Company
Plan Status
Utex Industries
No. 02-46284-86
(Bankr. N.D. Cal.)
40
Published Decisions
MEALEYS
Company
Yarway Corporation
Plan Status
Published Decisions
41
MEALEYS
8.
Id. at } 12.
9.
Id. at } 11.
10.
11.
See Order, Dkt. No. 76, In re Eagle, Inc., No. 1512437 (Bankr. E.D. La. Oct. 28, 2015).
12.
13.
See Order, Dkt. No. 199, In re Eagle, Inc., No. 1512437 (Bankr. E.D. La. June 2, 2016); Order, Dkt.
No. 200, In re Eagle, Inc., No. 15-12437 (Bankr.
E.D. La. June 2, 2016); Order, Dkt. No. 210, In re
Eagle, Inc., No. 15-12437 (Bankr. E.D. La. June 7,
2016).
14.
15.
Endnotes
1.
2.
3.
4.
5.
Id.
6.
Id. at } 7.
7.
Id. at } 11.
42
MEALEYS
17.
See Order Granting the Unsecured Creditors Committees Motion to Substitute and Approving and
Authorizing the Employment and Retention of
Caplin & Drysdale, Chartered as Counsel to the
Unsecured Creditors Committee, Dkt. No. 262,
In re Eagle, Inc., No. 15-12437 (Bankr. E.D. La.
Aug. 1, 2016).
18.
19.
Id. at 1.
20.
21.
22.
23.
24.
See Declaration of Paul Keglevic, Executive Vice President, Chief Financial Ofcer, and Co-Chief
Restructuring Ofcer of Energy Future Holdings
Corp., et al., in Support of First Day Motions at
} 6, Dkt. No. 90, In re Energy Future Holdings
Corp., Case No. 14-10979 (Bankr. D. Del. Apr. 29,
2014).
25.
26.
27.
28.
See Order (A) Setting Bar Dates for Filing NonCustomer Proofs of Claim and Requests for Payment under Section 503(b)(9) of the Bankruptcy
Code, (B) Approving the Form and Manner for Filing Non-Customer Proofs of Claim and Requests for
Payment under Section 503(b)(9) of the Bankruptcy
Code, and (C) Approving Notice Thereof, Dkt. No.
1866, In re Energy Future Holdings Corp., Case
No. 14-10979 (Bankr. D. Del. Aug. 18, 2014).
29.
See Notice of Appointment of Committee of Unsecured Creditors, Dkt. No. 2570, In re Energy Future
43
MEALEYS
31.
Id. at 526.
32.
Id. at 528.
33.
Id. at 539.
34.
35.
36.
37.
38.
39.
44
Corp., et al., Pursuant to Chapter 11 of the Bankruptcy Code at 7-8, Dkt. No. 8423, In re Energy
Future Holdings Corp., Case No. 14-10979 (Bankr.
D. Del. May 11, 2016).
40.
41.
42.
43.
44.
45.
46.
47.
48.
Order Scheduling Certain Hearing Dates and Deadlines and Establishing Certain Protocols in Connection with Conrmation of the Debtors Joint Plan of
Reorganization as it Relates to the EFH/EFIH Debtors, Dkt. No. 9381, In re Energy Future Holdings
Corp., Case No. 14-10979 (Bankr. D. Del. Aug. 24,
2016).
MEALEYS
49.
50.
51.
Id.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
63.
64.
65.
66.
67.
68.
69.
45
MEALEYS
70.
71.
72.
73.
Id. at } 11.
74.
75.
Id. at } 18.
76.
Id. at } 16.
77.
Id. at } 15.
78.
Companies Pursuant to the Sale of Certain Insurance Policies, Dkt. No. 66, In re Oakfabco, Inc.,
No. 15-27062 (Bankr. N.D. Ill. Sept. 11, 2015);
Debtors Motion for an Order: (I) Approving the
Assumption of a Settlement Agreement and Release
between Oakfabco, Inc. and New England Reinsurance Company; (II) Approving the Sale of Certain
Insurance Policies to New England Reinsurance
Company; and (III) Issuing an Injunction in Favor
of New England Reinsurance Company and Certain
Others Pursuant to the Sale of Certain Insurance
Policies, Dkt. No. 67, In re Oakfabco, Inc., No.
15-27062 (Bankr. N.D. Ill. Sept. 11, 2015).
82.
83.
Id. at } 19.
84.
Id. at 4-5.
79.
Id. at } 20.
85.
Id. at 6.
80.
See Notice of Appointment of the Asbestos Claimants Committee, Dkt. No. 51, In re Oakfabco,
Inc., No. 15-27062 (Bankr. N.D. Ill. Aug. 27,
2015).
86.
81.
See Order Further Extending the Debtors (I) Exclusive Periods to File a Chapter 11 Plan and Solicit
Acceptances Thereof and (II) Deadline to File a
Chapter 11 Plan and Disclosure Statement, Dkt.
No. 261, In re Oakfabco, Inc., No. 15-27062
(Bankr. N.D. Ill. June 27, 2016).
87.
88.
Id. at }} 20-40.
89.
Id. at } 55.
90.
46
MEALEYS
91.
92.
93.
94.
Id. at 31.
95.
96.
97.
98.
47
MEALEYS
117. Motion of the Ofcial Committee of Asbestos Personal Injury Claimants to Modify the Automatic
Stay, Dkt. No. 1204, In re The Budd Company,
Inc., No. 14-11873 (Bankr. N.D. Ill. Nov. 6, 2015).
48
MEALEYS
135. See Order, Dkt. No. 2, In re The Flintkote Company and Flintkote Mines Limited, No. 15-mc00204 (D. Del. Aug. 13, 2015).
49
MEALEYS
136. See Order, Doc. No. 003112096511, In re: Flintkote Company, No. 14-3367 (3rd Cir. Oct. 8,
2015).
149. Id. at 8.
147. Id.
155. See Disclosure Statement for Joint Plan of Reorganization of Garlock Sealing Technologies LLC, et al.
and OldCo, LLC, Proposed Successor by Merger to
Coltec Industries Inc. at 26-27, Dkt. No. 5332, In re
Garlock Sealing Technologies, LLC, No. 10-31607
(Bankr. W.D.N.C. May 20, 2016).
156. Id.
146. Id. at 4.
50
MEALEYS
51
11 Case Pursuant to Section 350(a) of the Bankruptcy Code, Dkt. No. 10751, In re Pittsburgh
Corning Corp., No. 00-22876 (Bankr. W.D. Pa.
Aug. 29, 2016).
176. See Order Scheduling Date for Response and Hearing on Motion, Dkt. No. 10752, In re Pittsburgh
Corning Corp., No. 00-22876 (Bankr. W.D. Pa.
Aug. 31, 2016).
177. See Order Denying Appeal from Conrmation of
Revised Plan of Reorganization, Dkt. No. 76, OneBeacon Ins. Co. v. Plant Insulation Co., Case No.
14-01200 (N.D. Cal. Aug. 18, 2014); Order Afrming Conrmation of Revised Plan of Reorganization,
Dkt. No. 77, OneBeacon Ins. Co. v. Plant Insulation Co., Case No. 14-01200 (N.D. Cal. Aug. 18,
2014).
178. See Notice of Occurrence of Modied Effective
Date, Establishment of the Trust, Issuance of the
Injunctions, Effectiveness of the Discharge and
Effectiveness of Releases and Exculpations; and
Notice of Administrative Claim Bar Date and Rejection Claims Bar Date, Dkt. No. 2860, In re Plant
Insulation Company, Case No. 09-31347 (Bankr.
N.D. Cal. Oct., 2, 2014).
179. See Complaint, Dkt. No. 447, In re Rapid-American
Corp., No. 13-10687 (Bankr. S.D.N.Y. March 31,
2015).
180. See Second Amended Complaint at }} 29, 30, Dkt.
No. 26, Rapid-American Corp. v. Travelers Cas. &
Sur. Co, (In re Rapid-American Corp.), No. 1501095 (Bankr. S.D.N.Y. July 24, 2015).
181. See Plaintiffs Memorandum of Law in Support of
their Motion for Partial Summary Judgment, Dkt.
No. 43, Rapid-American Corp. v. Travelers Cas. &
Sur. Co. (In re Rapid-American Corp.), No. 1501095 (Bankr. S.D.N.Y. Jan. 22, 2016).
182. See Plaintiffs Motion for and Memorandum in
Support of Summary Judgment that Travelers
Excess Policies are Triggered at such Time as
Rapid has Incurred Sufcient Liability to Exhaust
the Underlying Coverage, Dkt. No. 47, RapidAmerican Corp. v. Travelers Cas. & Sur. Co. (In
52
MEALEYS
MEALEYS
201. See Order Regarding Condentiality of Audit Information, Transaction ID 58541770, AIU Insurance
Company v. Philips Electronics North America, No.
9852 (Del. Ch. Feb. 8, 2016).
202. See Modied First Amended Plan of Reorganization
of United Gilsonite Laboratories Under Chapter 11
of the Bankruptcy Code, Dkt. No. 2013, In re United Gilsonite Laboratories, No. 11-2032 (Bankr.
M.D. Pa. Sept. 30, 2014).
203. Id. at 27.
204. See Findings of Fact, Conclusions of Law, and
Order Approving Exit Facility and Conrming the
53
MEALEYS
208. Id.
209. See Plan of Reorganization for Yarway Corporation
Under Chapter 11 of the Bankruptcy Code Proposed by Yarway Corporation and Tyco International PLC, Dkt. No. 705, In re Yarway
Corporation, No. 13-11025 (BLS) (Bankr. D. Del.
Dec. 22, 2014).
219. See Objection of The Ofcial Committee of Asbestos Personal Injury Claimants to Fixing of an Asbestos Claims Bar Date and to Debtors Proposed Bar
Date Procedures and Forms, Dkt. No. 511, In re
The Budd Company, Inc., No. 14-11873 (Bankr.
N.D. Ill. Sept. 26, 2014).
220. Id.
54
221. See Order (I) Establishing Bar Dates for Filing Proofs
of Claim, (II) Approving Form and Manner of
Notice Thereof, and (III) Granting Related Relief,
Dkt. No. 626, In re The Budd Company, Inc., No.
14-11873 (Bankr. N.D. Ill. Oct. 24, 2014).
222. Id.
MEALEYS
55
56
MEALEYS