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The
Rutland Fire Clay Company and Rutland, Inc. (Rutland) filed voluntary
petitions for relief under Title 11 of Chapter 11 of the United
States Bankruptcy Code on October 13, 1999. In its filing, Rutland sought bankruptcy protection in order to develop a plan to
manage and settle its asbestos personal injury and property
damage claims.
As
part of the reorganization, Rutland proposed the establishment
of the Rutland Fire Clay Company Asbestos Trust (the
"Trust"). Pursuant to the plan, the Trust is to use
its assets and/or income in accordance with the Asbestos
Bodily Injury Claims Resolution Procedures and the Asbestos
Property Damage Claims Resolution Procedures to pay Claims and Demands
against Rutland, as defined in Sections 101(5) and 524(g)(5)
of the Bankruptcy Code.
The
United States Bankruptcy Court for the District of
Vermont and the United States District
Court for the District of Vermont has
determined that the Trust and the Plan satisfied all prerequisites
for a supplemental injunction pursuant to Section 524(g) of the
Bankruptcy Code. A Permanent Channeling Injunction has been
entered in connection with the Order Confirming the Plan
channeling all asbestos related claims against Rutland to the
Trust.
On
December 17, 2000 the Rutland Fire Clay Company Asbestos
Trust was established with a Managing
Trustee and a three(3) person Advisory Committee ("The Advisory
Committee" or
"TAC").
The
purpose of the Trust is to assume any and all liabilities of the
Rutland Fire Clay Company and Rutland, Inc. or its successor in interest,
with respect to any and all Asbestos Bodily Injury Claims and
Demands or Asbestos Property Damage Claims and Demands. The
Trust is to use its assets and income to pay holders of Allowed
Asbestos Claims and Demands in accordance with the Plan and
Trust Agreement, in such a way that all holders of Asbestos
Bodily Injury Claims and Demands are each treated in a
substantially equivalent manner as other holders of Asbestos
Bodily Injury Claims and Demands, and all holders of Asbestos
Property Damage Claims and Demands are each treated in a
substantially equivalent manner as other holders of Asbestos
Property Damage Claims and Demands; and to otherwise comply in
all respects with the requirements of a trust set forth in
Section 524(g)(2)(B)(i) of the Bankruptcy Code. This purpose
shall be fulfilled through the provisions of the Trust Agreement
and the Asbestos Claims Resolution Procedures.
It is anticipated that the Claim Payment Value of each
Web Based claim will be approximately $10.00 and for Telephone claims submitted
thru the Interactive Voice Response System to be paid at 80% of the Claim
Payment Value of web based claims.
Claims will be paid based on
random order filed on a particular day. Claims filed on the same day will not
have a priority based upon time filed on such day and shall be subject to availability of funds.
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