Fitchburg Asbestos (
vimeo.com) Bankruptcy Trusts
Typically asbestos bankruptcy trusts are set up by companies that have filed for bankruptcy. They then cover personal injury claims for those who were exposed to asbestos. In the mid-1970s, at least 56
long view asbestos bankruptcy trusts were created.
Armstrong World Industries Asbestos Trust
Armstrong World Industries was founded in the year 1860 in Pittsburgh. It is the largest wine bottle cork producer in the world. It employs more than 3000 workers and has 26 manufacturing plants across the globe.
The company employed asbestos in a range of products like insulation, tiles vinyl flooring, and tiles in its beginning years. Workers were exposed to asbestos, which could cause serious health problems like mesothelioma and lung cancer.
The company's asbestos-containing materials were extensively used in the residential, commercial and military construction sectors. As a result of this exposure hundreds of Armstrong employees were affected by asbestos-related illnesses.
Although asbestos is a natural mineral however, it is not safe for humans to eat. It is also known to be a material that can prevent fire. Due to the dangers associated with asbestos, many companies have established trusts to compensate victims.
In the aftermath of the bankruptcy of Armstrong World Industries, a trust was established to pay the people who were affected by the company's products. In the first two years, the trust paid more than 200k claims. The total amount of compensation was more than $2B.
The trust is owned by Armor TPG Holdings, a private equity firm. The company held more than 25 percent of the fund as of the beginning of 2013.
According to the Asbestos Victims Compensation Trust the company was responsible for more than $1 billion in personal injury claims. The trust has over $2 billion in reserves to pay claims.
Celotex Asbestos Trust
Celotex Corporation was a distributor and manufacturer of building materials. In the 1980s, Celotex Corporation was hit with a flurry of lawsuits claiming asbestos-related property damage. These claims, in addition to other, demanded billions in damages.
In 1990, Celotex filed for bankruptcy protection. The plan of reorganization established the Asbestos Settlement Trust to process these asbestos related claims. The Trust filed a claim in the United States District Court for the Middle District of Florida. It was represented by lawyers from Saiber L.L.C.
In the course of the investigation, the trust sought coverage under two additional comprehensive general liability insurance policies. One policy provided coverage of five million dollars, and the second policy provided coverage for 6.6 million. Jim Walter Corporation was also asked to provide coverage. However, it found no evidence that the trust was required to send an advance notice to any excess insurers.
The Celotex Asbestos Trust filed proofs of bodily injury claims on December 31, 2004. The trust also filed a motion to rescind the special master's decision.
Celotex had less than $7 million in primary coverage at the time of filing however, it believed that any future asbestos litigation could affect its excess coverage. In actual fact, the company anticipated the need for a number of layers of extra insurance coverage. However, the bankruptcy court found no evidence to prove that Celotex provided reasonable notice to its insurance companies that had excess coverage.
The Celotex Asbestos Settlement Trust is an extremely complex process. In addition, to provide claims for asbestos-related diseases, it also has the responsibility of paying claims against Philip Carey (formerly Canadian Mine).
It can be confusing. The trust offers a user-friendly claim management tool as well an interactive website. The site also has an area dedicated to claims inaccuracies.
Christy Refractories Asbestos Trust
Originally, Christy Refractories' insurance pool was $45 million. The company declared bankruptcy in 2010, however. The reason for the filing was to sort out asbestos lawsuits. Christy Refractories' insurers have been settlement asbestos claims for about $1 million per month since the time of filing.
Over 20 billion dollars remitted from asbestos trust funds since the late 1980s. These funds can be used to cover lost income and therapy costs. The Western MacArthur Trust and the M.H. Detrick
circle pines asbestos lawyer Trust, the Thorpe Insulation Settlement Trust, and the M.H. Porter Asbestos Trust.
Products from the Thorpe Company included insulation and refractory materials. Asbestos was also a component in their products. The company filed for Chapter 11 bankruptcy in 2002 However, it reemerged in 2006. It has dealt with more than 4,500 claims.
The Western MacArthur Trust has paid out more than $1.1 billion in claims. Pneumo Corporation, Abex Corporation and Synkoloid all made use of asbestos in their products. The United States Gypsum Company used asbestos in its products.
The Utex Industries, Inc. Successor Trust has paid over 22,000
big stone gap asbestos lawyer claims. It also supplied sealing materials to the oil extraction industry.
The Prudential Lines Trust was subject to hundreds of lawsuits, massive tort actions, and a twenty year time limit on the distribution of funds.
The Western MacArthur Asbestos Settlement Trust has paid out more than $500 million in claims. It also handles claims against Yarway.
The Thorpe Insulation Settlement Trust covers the Pacific Insulation Company and the Thorpe Insulation Company.
Federal Mogul's Asbestos PI Trust
Federal Mogul's Asbestos Personal Injury Trust was created in 2007. It is a trust that assists victims of asbestos exposure. Federal Mogul Asbestos PI Trust, a bankruptcy trust, provides financial compensation for asbestos-related illnesses.
The trust was initially established in Pennsylvania with 400 million dollars in assets. After the trust's establishment, it paid out millions to claimants.
The trust is now located in Southfield, MI. It is composed of three separate money coffers. Each is used to handle the processing of claims against companies that manufacture asbestos-related products for Federal-Mogul.
The trust's main purpose is to pay financial compensation for asbestos-related illnesses in the nearly 2,000 occupations which use asbestos. The trust has already paid more than $1 billion in claims.
The US Bankruptcy Court estimated the net value of asbestos liabilities to be approximately $9 billion. It also determined that it was in the best interests of creditors to maximize the value of the assets they could access.
The
waunakee asbestos attorney PI Trust was created in 2007. Elihu Inselbuch, a partner in the firm Caplin & Drysdale, served as the Trust attorney.
The trust created Trust Distribution Procedures, or TDPs to handle claims. These TDPs are designed to be fair to all claimants. They are based upon past precedents for nearly identical claims in the US tort system.
Reorganization helps asbestos companies protect themselves from mesothelioma lawsuits
Every year thousands of asbestos lawsuits are settled through the bankruptcy courts. Large corporations are now using new strategies to gain access to the legal system. Reorganization is one strategy. This permits the company to continue to run and provides relief to creditors who are not paid. Furthermore, it is possible for
fitchburg Asbestos the company to be protected from individual lawsuits.
For example it is possible for a trust fund to be set up for asbestos victims as a part of a reorganization. These funds may pay out in the form of cash, gifts or other forms of payment. The reorganization described above consists of an initial funding estimate and an approved plan of the court. If a reorganization plan is approved and a trustee is designated. This could be a person, a bank, or a third party. A successful reorganization will benefit all involved.
Apart from announcing a new strategy for bankruptcy courts, the restructuring provides some powerful legal tools. It's not surprising that many firms have filed for chapter 11 bankruptcy protection. Certain asbestos-related companies were forced to declare bankruptcy under chapter 7 in order to protect themselves. Georgia-Pacific LLC, for example was the first to file chapter 7 bankruptcy in 2009. The reason is easy. Georgia-Pacific applied for an order of reorganization to safeguard itself from a surge of mesothelioma-related lawsuit. It also merged all its assets into one. It has been selling its most valuable assets in order to take control of its financial woes.
FACT Act
The "Furthering Asbestos Claim Transparency Act" is currently in Congress. It will make it harder to file fraudulent claims against asbestos trusts. The legislation will make it more difficult to file fraudulent claims against asbestos trusts and will allow defendants access to all information they need in litigation.
The FACT Act requires that asbestos trusts release a list of plaintiffs on a public docket of court. It also requires them to release the names, exposure histories, and compensation amounts paid to the claimants. These reports, which are publicly accessible, will stop fraud from taking place.
The FACT Act would also require trusts to disclose any other information such as payment details even if they are part of confidential settlements. The Environmental Working Group's report on FACT Act revealed that 19 House Judiciary Committee members voted for the bill. They also received donations from asbestos-related organizations.
The FACT Act is a giveaway for
big stone gap asbestos asbestos companies. It will also result in a delay in the compensation process. It also creates privacy issues for victims. In addition the bill is a complex piece of legislation.
The FACT Act prohibits publication of information in addition to the information that has to be published. It also prohibits the disclosure of social security numbers, medical records, or other information that is protected by bankruptcy laws. It's also harder to seek justice in courtrooms.
Apart from the obvious question of how a victim's compensation could be affected, the FACT Act is a red herring. The Environmental Working Group examined the House Judiciary Committee's most noteworthy achievements and discovered that 19 members were rewarded through corporate contributions to campaigns.