Asbestos Bankruptcy Trusts
Companies who file for bankruptcy typically create asbestos trusts in bankruptcy. They then compensate personal injury claims of those who were exposed to asbestos. Since the mid-1970s at least 56 asbestos bankruptcy trusts were created.
Armstrong World Industries Asbestos Trust
Armstrong World Industries was founded in 1890 in Pittsburgh. It is the largest wine bottle cork maker in the world. It employs more than 3000 workers and has 26 manufacturing locations across the globe.
The company used
mission asbestos in a variety products like tiles, insulation vinyl flooring, and tiles during its beginning years. Workers were exposed to asbestos, which can lead to serious health issues, such as mesothelioma and lung cancer.
The
bellflower asbestos lawyer-containing products of Armstrong were extensively used in residential, commercial and military construction sectors. Due to the exposure many thousands of Armstrong workers suffered from asbestos-related diseases.
Although asbestos is a natural-occurring mineral, it isn't suitable for human consumption. It is also often referred to as a fireproofing material. Because of the dangers that come with asbestos, companies have established trusts to pay victims.
In the aftermath of the bankruptcy of Armstrong World Industries, a trust was set up to compensate those who have been affected by Armstrong World Industries' products. In the initial two years, the trust paid more than 200 thousand claims. The total amount of compensation was more than $2 billion.
The trust is managed by Armor TPG Holdings, a private equity firm. In the beginning of 2013 the company controlled more than 25 percent of the fund.
According to the Asbestos Victims Compensation Trust, the company is estimated to be liable for more than $1 billion in personal injury claims. The trust has more than $2 billion in reserves to pay for claims.
Celotex Asbestos Trust
In the early to mid 1980s, Celotex Corporation, a manufacturer and distributor of building products, was confronted with a flood of lawsuits alleging asbestos-related property damage. These claims, in addition to others included billions of dollars in damages.
Celotex filed for bankruptcy protection in the year 1990. The reorganization plan it was part of led to the creation of the Asbestos Settlement Trust to process asbestos related claims. The Trust filed a claim in the United States District Court for Middle District of Florida. The Trust was represented by attorneys from Saiber L.L.C.
The trust applied for coverage under two policies of excess comprehensive general liability insurance. One policy offered five million dollars of coverage and the other 6.6 million. Jim Walter Corporation was also asked to provide coverage. But, it did not find evidence that the trust was required to send notice to excess insurers.
The Celotex Asbestos Trust filed proofs of bodily injury claims on December 31st 2004. The trust also filed a motion to overturn the special master's decision.
Celotex had less than $7 million of primary coverage at the time of filing however, it believed that any future asbestos litigation would affect its coverage for excess. In fact, the firm foresaw the need for numerous layers of additional insurance coverage. The bankruptcy court was unable to find any evidence that Celotex provided a adequate notice to its excess insurers.
The Celotex Asbestos Settlement Trust is an extremely complex process. In addition to providing claims for asbestos-related ailments, it is also responsible for making payments to Philip Carey (formerly Canadian Mine).
It can be confusing. The trust provides a user-friendly claim management tool as well an interactive website. There is also a page on the website to address the issues with claims.
Christy Refractories Asbestos Trust
Christy Refractories originally had an insurance pool of $45 million. However, in the early part of 2010, the company filed for bankruptcy. The reason for the filing was to settle asbestos lawsuits. Then, Christy Refractories' insurance carriers have been settling
chesapeake asbestos lawsuit-related claims for roughly $1 million per month.
Over 20 billion dollars paid out from
mount vernon asbestos lawsuit trust funds from the late 1980s onwards. These funds can be used to cover the loss of income and therapy costs. The Western MacArthur Trust and the M.H. Detrick Asbestos Trust, the Thorpe Insulation Settlement Trust, and the M.H. Porter Asbestos Trust.
The products of the Thorpe Company included insulation and refractory materials. Asbestos was also used in their products. In 2002 the company filed for Chapter 11 bankruptcy. However, it was reemerged in the year 2006. It has handled more than 4,500 claims.
The Western MacArthur Trust has paid out more than $1.1 billion in claims. The Synkoloid Company,
bellflower asbestos lawyer Abex Corporation, and Pneumo Corporation all used asbestos in their products. The United States Gypsum Company also employed asbestos in its products.
The Utex Industries, Inc. Successor Trust has paid over 2,000
tinton falls asbestos claims. It supplied sealing products to the oil industry.
The Prudential Lines Trust was subject to hundreds of lawsuits, massive tort actions, and a 20 year limitation on the distribution of funds.
The Western MacArthur Asbestos Settlement Trust has paid more than $500 million in claims. It also manages Yarway claims.
The Thorpe Insulation Settlement Trust includes the Pacific Insulation Company as well as the Thorpe Insulation Company.
Federal Mogul's Asbestos PI Trust
Federal Mogul's Asbestos Personal Injury Trust was filed in 2007. It is a trust that helps those who have been exposed to asbestos. Federal Mogul Asbestos PI Trust is a trust in bankruptcy that offers financial compensation for asbestos-related diseases.
The trust was first established in Pennsylvania with 400 million dollars in assets. After the trust's establishment, it paid out millions to people who were claiming.
The trust is now located in Southfield, MI. It is comprised of three separate funds. Each is dedicated to the management of claims against entities who produce asbestos products for Federal-Mogul.
The main goal of the trust is to provide financial compensation for asbestos-related diseases within the approximately 2,000 professions which use asbestos. The trust has paid out more than $1 billion in claims.
The US Bankruptcy Court estimated the asbestos liabilities' value to be approximately $9 billion. It was also decided that creditors should maximize the value of assets.
The Asbestos PI Trust was created in 2007. Elihu Inselbuch, a partner in the firm Caplin & Drysdale, served as the Trust attorney.
To handle claims, the trust has established Trust Distribution Procedures (or TDPs). These TDPs are designed to be fair to all claimants. They are based on historical standards for substantially similar claims in the US tort system.
williamston asbestos businesses are protected from mesothelioma lawsuits by reorganization
Many asbestos lawsuits are settling every year, thanks in part to bankruptcy courts. In this way, large companies are implementing new methods to access the judicial system. One of these methods is reorganization. This allows the business to continue to operate and offer relief to those who have not paid their creditors. It is also possible to shield the company from individual lawsuits.
For example the trust fund could be set up for asbestos victims as part of a restructuring. The funds can be used to pay in cash, gifts, or a combination of both. The reorganization mentioned above is comprised of a first funding quote and a plan that has been approved by the court. If a reorganization is approved and a trustee is appointed. This may be an individual or a bank a third party. Generally, the most effective reorganization will provide for all parties involved.
Alongside announcing a fresh strategy for bankruptcy courts, the restructuring offers some effective legal tools. It's not a surprise that many companies have applied for chapter 11 bankruptcy protection. Some asbestos companies were forced to make chapter 7 bankruptcy filings in order to protect themselves. Georgia-Pacific LLC, for example has filed chapter 7 bankruptcy in 2009. The reason is straightforward. Georgia-Pacific applied for an order of reorganization in order to protect itself against a rash mesothelioma suit. It also rolled all its assets into one. It has been selling its most valuable assets to get the financial gimmicks under control.
FACT Act
The "Furthering Asbestos Claim Transparency Act" is currently in Congress. It will make it more difficult to make fraudulent claims against asbestos trusts. The legislation will make it harder to make fraudulent claims against asbestos trusts, and will grant defendants access to all information they need in litigation.
The FACT Act requires that asbestos trusts publish a list of those who are claiming on a docket of court. It also requires them to provide names as well as exposure histories and the amount of compensation paid to these claimants. These reports, which are made publicly available, would prevent fraud from happening.
The FACT Act would also require trusts to disclose any other information including payment information even if they are part of confidential settlements. In fact, the report on the FACT act by the Environmental Working Group found that 19 members of the House Judiciary Committee who voted for the bill received campaign donations from asbestos-related businesses.
The FACT Act is a giveaway for big asbestos companies. It will also result in delays in the compensation process. In addition, it creates significant privacy concerns for victims. The bill is also a complicated piece of legislation.
In addition to the information that is required to be released In addition to the information that must be published, the FACT Act also prohibits the release of social security numbers, medical records and other information protected by bankruptcy laws. It's also harder to obtain justice in courts.
In addition to the obvious issue of how compensation for victims could be affected, the FACT Act is a red herring. The Environmental Working Group examined the House Judiciary Committee's most noteworthy accomplishments and found that 19 members were rewarded through corporate contributions to campaigns.