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The
Rock Wool Manufacturing Company (Rock Wool) filed a voluntary
petition for relief under Title 11 of Chapter 11 of the United
States Bankruptcy Code on November 18, 1996. In its filing, Rock
Wool 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, Rock Wool proposed the establishment
of the Rock Wool Manufacturing Company Asbestos Trust (the
"Trust"). Pursuant to the plan, the Trust is to use
it's assets and/or income to pay in accordance with the Asbestos
Bodily Injury Claims Resolution Procedures and the Asbestos
Property Damage Claims Resolution Procedures Claims and Demands
against Rock Wool, as defined in Sections 101(5) and 524(g)(5)
of the Bankruptcy Code.
The
United States Bankruptcy Court for the Northern District of
Alabama Southern Division and the United States District
Court for the Northern District of Alabama Southern Division has
determined that the Trust and the Plan satisfy all prerequisites
for a supplemental injunction pursuant to Section 524(g) of the
Bankruptcy Code, which Permanent Channeling Injunction has been
entered in connection with the Order Confirming the Plan.
On
December 20, 1999 the Rock Wool Manufacturing 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
Rock Wool Manufacturing Company 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.
Claims will be paid on a first received priority
basis and shall be subject to availability of funds. Telephone claims submitted
thru the Interactive Voice Response System to be paid at 80% of the Claim
Payment Value.
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