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Asbestos Bankruptcy Trusts
Companies that file for bankruptcy typically create asbestos bankruptcy trusts. These trusts then pay personal injury claims for those who were exposed to asbestos. At least 56 asbestos bankruptcy trusts have been established since the mid-1970s.
Armstrong World Industries Asbestos Trust
Armstrong World Industries was founded in the year 1860 in Pittsburgh. It is the largest wine cork producer in the world. It employs more than 3000 workers and has 26 manufacturing facilities around the world.
In the beginning the company employed asbestos in a range of products including insulation, tiles and vinyl flooring. Workers were exposed to asbestos, which can lead to serious health issues, such as mesothelioma and lung cancer.
The asbestos-containing products of Armstrong were extensively used in commercial, residential as well as the military construction industries. Many Armstrong workers were exposed to asbestos, resulting in paragould asbestos attorney-related illnesses.
Although asbestos is a mineral that occurs naturally however, it isn't safe for humans to eat. It is also known to be a fireproofing material. Due to the dangers associated with asbestos, companies have established trusts to pay victims.
In the aftermath of the bankruptcy of Armstrong World Industries, a trust was established to pay those affected by the company's products. The trust paid out more than 200,000 claims over the first two years. The total amount of compensation was more than $2 billion.
Armor TPG Holdings, which is a private equity company holds the trust. The company owned more than 25% of the fund at the beginning of 2013.
According to the Asbestos Victims Compensation Trust the company was responsible for more that $1 billion in personal injuries claims. The trust has more than $2 billion in reserves to pay for claims.
Celotex asbestos lawyer in high springs Trust
In the early and mid 1980s, Celotex Corporation, a manufacturer and distributor of building materials, had to contend with an avalanche of lawsuits claiming asbestos law firm in naugatuck-related property damage. These claims, along with others included billions of dollars in damages.
In 1990, Celotex filed for bankruptcy protection. Its reorganization plan established the Asbestos Settlement Trust to process asbestos-related claims. The Trust filed an action in the United States District Court for the Middle District of Florida. Saiber L.L.C. represented the Trust.
In the course of the investigation the trust sought coverage under two general liability insurance policies. One policy provided five million dollars of insurance and the other 6.6 million. The trust also asked for coverage from Jim Walter Corporation. But, it did not find proof that the trust was required to send information to insurers who are not covered.
Celotex Asbestos Trust submitted proofs of bodily injury claims on December 31st, 2004. The trust also filed a motion to overturn the special master's ruling.
Celotex had less than $7 million of primary coverage at the time of filing, but believed that future asbestos litigation would affect its excess coverage. Celotex had anticipated the need for multiple layers of additional insurance coverage. Despite this the bankruptcy court found no evidence that proved Celotex gave adequate notice to its insurance companies that had excess coverage.
The Celotex Asbestos Settlement Trust is a complex process. It is responsible for the settlement of claims against Philip Carey (formerly Canadian Mine) and also providing treatment for asbestos-related illnesses.
It can be difficult to understand. Fortunately, the trust offers an easy to use claims management tool and a user-friendly website. There is also a page on the website to address claims issues.
Christy Refractories Asbestos Trust
Originally, Christy Refractories' insurance pool was worth $45 million. In the beginning of 2010, the company filed for bankruptcy. The filing was made to settle asbestos lawsuits. Christy Refractories' insurers have been settlement asbestos claims for about $1 million per month since then.
There have been over 20 billion dollars released from asbestos trust funds from the late 1980s onwards. These funds cover the cost of therapy and lost income. Some of these funds include the Western MacArthur Trust, the M.H. Detrick asbestos lawsuit stone park Trust and Thorpe Insulation Settlement Trust are among these funds. Porter Asbestos Trust.
The Thorpe Company's product range included insulation and Pembroke Pines Asbestos Lawsuit refractory materials which included asbestos. In 2002, the company filed for Chapter 11 bankruptcy. However, it was reemerged in the year 2006. It dealt with more than 4,500 claims.
The Western MacArthur Trust has paid out over $1.1 billion in claims. Pneumo Corporation, Abex Corporation and Synkoloid all made use of asbestos in their products. The United States Gypsum Company also employed asbestos in its products.
The Utex Industries, Inc. Successor Trust has paid out more than 2,000 asbestos claims. It supplied sealing products to the oil extraction industry.
The Prudential Lines Trust was subject to hundreds of lawsuits, mass tort actions, and a 20 year limitation on the distribution of funds.
The Western MacArthur Asbestos Settlement Trust paid out more than $500 million in claims. It also handles Yarway claims.
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 initially created in 2007. It is a trust which assists those who have been exposed to asbestos. The Federal Mogul Asbestos PI Trust is a trust in bankruptcy that offers financial compensation for ailments caused by asbestos exposure.
The initial assets of $400 million were used to establish the trust in Pennsylvania. It paid millions to claimants following its establishment.
The trust is now located at Southfield, MI. It is made up of three separate funds. Each one is dedicated to handling claims against asbestos-related entities of the Federal-Mogul group.
The trust's main objective is to offer financial compensation for asbestos-related illnesses in the nearly 2,000 occupations that use asbestos. The trust has paid more than $1 billion in claims.
The US Bankruptcy Court estimated the asbestos liabilities' value to be around $9 billion. It also found that it was in the best interest of the creditors to maximize the value of assets available to them.
In 2007, the Asbestos PI Trust (PI Trust) was established. Elihu Inselbuch, a partner in the firm Caplin & Drysdale, served as the Trust attorney.
The trust has established Trust Distribution Procedures, or TDPs to deal with claims. These TDPs are designed to be fair to all claimants. They are based upon historical data for substantially similar claims in the US tort system.
Asbestos companies are protected against mesothelioma lawsuits with reorganization
Thousands of asbestos lawsuits are settled each year, thanks in part, to bankruptcy courts. Large corporations are using new methods to gain access to the legal system. Reorganization is one such strategy. This allows the company's operations to continue, and offers relief to creditors who aren't paid. Additionally, it could be possible for the company to be protected from lawsuits filed by individuals.
As an example, in a reorganization, the trust fund for asbestos victims might be set up. These funds can be used to pay in cash, gifts, or a combination of both. The reorganization described above is an initial funding quotation that is followed by a reorganization program approved by the court. If a reorganization plan is approved and a trustee is designated. This could be an individual or a bank or a third-party. A successful reorganization will benefit everyone involved.
Alongside announcing a fresh strategy for bankruptcy courts, the restructuring exposes some powerful legal tools. So, it's no surprise that many companies have filed for chapter 11 bankruptcy protection. To ensure that they are protected, some asbestos companies had no choice other than to file for chapter 7 bankruptcy. Georgia-Pacific LLC, for example had filed chapter 7 bankruptcy in 2009. The reason is straightforward. Georgia-Pacific filed for an order of reorganization in order to defend itself against a spate of mesothelioma-related lawsuit. It also rolled all its assets into one. To tackle its financial woes, it has been selling its most important assets.
FACT Act
Presently, there is an act in Congress known as the "Furthering Asbestos Claim Transparency Act" (FACT) which will change the way asbestos trusts work. The legislation will make it more difficult to claim fraudulent claims against asbestos trusts, and will grant defendants unlimited access to information during litigation.
The FACT Act requires that asbestos trusts publish a list listing the claimants on a public docket of court. They are also required to disclose the names and exposure history as well as compensation amounts paid these claimants. These reports, which are publicly accessible, can stop fraud from occurring.
The FACT Act would also require trusts to divulge other details, including payment information even if they were 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 lawyer in vine grove-related interests.
The FACT Act is a giveaway to large asbestos companies. It will also result in a delay in the compensation process. It also raises 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 the FACT Act, the FACT Act also prohibits the release of social security numbers, medical records, and other information protected by bankruptcy laws. The law also makes it more difficult to seek justice in a courtroom.
In addition to the obvious issue of how compensation for victims may be affected, the FACT Act is a red herring. The Environmental Working Group studied the House Judiciary Committee's most notable achievements and found that 19 members were given campaign contributions from corporate interests.
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