Hi, Wicksrules ~
What a complicated matter asbestos settlement trusts are ... and what
a convoluted way to limit a company's liability relative to asbestos
claims!
With regard to the Shook & Fletcher Asbestos Settlement Trust, I could
find no claim form online.
A claim form can be obtained, however, either through the Clerk of the
US Bankruptcy Court for the Northern District of Alabama, or through
the attorney for the debtor, Shook & Fletcher Insulation Company. The
Court Docket Number and address, plus the attorney's information are
listed below:
* Docket Information -
United States Bankruptcy Court
for the Northern District of Alabama
In re: Shook & Fletcher Insulation Company
Case Number 02-02771-BGC-11
* Clerk's Address -
United States Bankuptcy Court
Northern District of Alabama
1800 5th Avenue North, Room 120
Birmingham, Alabama 35203-2111
* Debtor's Attorneys -
Richard P. Carmody
Lange, Simpson, Robinson & Somerville, LLP
2100 3rd Avenue North
Suite 1100
Birmingham, AL 35203
(205) 250-5033
Information regarding the Shook & Fletcher Asbestos Settlement Trust
and handling of existing and future claims was online at one time, and
is still in Google's cache at:
http://216.239.53.100/search?q=cache:uhqubbZ_OWoC:www.alnb.uscourts.gov/sfi/sfi.shtml+%22Shook+%26+Fletcher%22&hl=en&ie=UTF-8
* Online Access -
Online access to information about this lawsuit may be found from
Pacer.Net, a web-based application that will retrieve official
electronic case information and court dockets. PacerNet is available
at [ http://pacer.alnb.uscourts.gov ] and there is a charge of 7 cents
per page or 60 cents per minute for the information.
* Other Filings (2000-2002)
- Armstrong World Industries/Nitram/Desseaux (2000)
- Asbestospray (2000)
- Babcox & Wilcox (2000)
- Harnischfiger Corp. (2000)
- North American Asbestos (2000)
- Pittsburth Corning (2000)
- Owens Corning (2000)
- Rock Wool (2000)
- Southern Textile Corp. (2000)
- Spraycraft (2000)
- E. J. Bartells (2000)
- Eastco Industrial Safety Corp. (2001)
- G-1 Holdings (GAF Corp) (2001)
- W.R. Grace (2001)
- U. S. Gypsum (2001)
- United States Mineral Products Co. (2001)
- Washington Group International (2001)
- Federal Mogul (2001)
- Kaiser Aluminum (2002)
- Harbison-Walker Refractories Co./A.P. Green Ind./North American
Refractories Co. (NARCO) (2002)
- Porter Hayden (2002)
- Plibrico Co. (2002)
- Fuller-Austin Insulation Co. (2002)
- Solutia, Inc. (2002)
- A. P. Green Industries Inc. (2002)
- U. S. Mineral Corp/U. S. Mineral Co. (2002)
- Artra Group Inc./Synkoloid Corp (2002)
* Other information which will be helpful.
There is an article, "Why the Asbestos Genie Won't Stay In the
Bankruptcy Bottle", Michelle J. White, Professor of Economics,
University of California, San Diego (2002), which explains asbestos
trusts from an economics angle. It includes a detailed history
Manville to present. I think you'll find that the tables which are
included at the end, which contain data regarding the types of claims
and settlement amounts, are very informative.
Her conclusion is that those really making money on asbestos claims
are law firms, stating that some have practically developed a cottage
industry in filing asbestos claims against the trusts.
The article is available online at:
- http://econ.ucsd.edu/~miwhite/asb-bank.pdf
* Search terms used:
- Shook & Fletcher
- asbestos settlement trusts
- asbestos bankruptcy filings
I think you'll find what you need to get you going on looking up other
trusts.
Regards,
Serenata
Google Answers Researcher |
Clarification of Answer by
serenata-ga
on
26 Apr 2003 18:55 PDT
Hi Wicksrules ...
Please remember Google Answers Researchers do not give legal advice,
and the information below is not intended as such.
As I previously stated, I could not find a claim form, per se. Indeed,
a trip to the University Law Library to examine the filings show that
there is no actual " fill-in-the-blank form", but reference to a
'form' in this case is more in the order of the legal term, "the form
of filing". Even if there was a fill-in-the-blank form, it isn't a
requisite for filing in the Court, so long as you provide the prima
facie information needed to substantiate your claim.
Please remember, too, that filing a claim is simply that -- filing a
claim. There is no guarantee your claim will be allowed. Among other
reasons, that is why this information is no substitute for consulting
with an attorney familiar with handling the bankruptcy asbestos trust
claims. They know how to file their clients' claims and what to
include in order to increase a claimant's chances of having their
claim allowed.
The Shook & Fletcher Settlement Plan became effective December 11,
2002. It is actually the second amendment to the plan which was
adopted as the plan for purposes of this particular matter.
- http://www.nmlrp.com/practiceareas/bankruptcy/shookandfletcher/s-fbnkrpt.pdf
You'll need the date as part of the information you'd submit.
In addition, using the information from the Manville plan, as well as
information from other Plans which have been adopted, including any
suggested legislation changes which may be enacted by the Congress
covering all the plans so far adopted, etc., (and there is some
proposed legislation to limit the settlement amounts) you will need to
include all of the following information:
* Personal Information -
1. Claimant's Name
2. Law Firm representing Claimant
3. Submission Date
4. Settlement Date (each plan will have its own settlement date)
* Case Information -
1. Court Caption
2. Bankruptcy Number
3. Settlement Date
* Case Type -
1. Asbestos
2. Silica
3. Other (document and explain)
* Personal Data -
1. Claimant's Social Security No.
2. Date of Birth
3. Spouse's Name
4. Address
5. For Deceased Claimants -
a. Date of Death
b. Legal Beneficiary
c. Relationship to Decedent
d. Legal Beneficiary's State of Residence
* Medical Information -
1. Diseases alleged
a. Mesothelioma
b. Lung Cancer
c. Other Cancers (specify)
d. Asbestosis
e. Pleural Disease and/or Pleural Plaques
f. Other (specify)
2. Diagnosis date (for each identified disease)
3. Supporting medical reports (include - they must be included prior
to any payment under any plan)
* Information to include/provide -
1. Medical Authorization
2. Medical Reports (as listed above)
3. For Mesothelioma Claim -
a. Diagnosis by a qualified physician
b. Pathology reports
4. For Lung Cancer Claim -
a. Diagnosis by a qualified physician
b. Qualified opinion that asbestos is a substantial contributing
factor
c. Whether or not there is underlying asbestosis
d. Underlying pleural abnormality/thickening?
e. Pathological evidence or asbestosis
5. Other Cancer Claim -
a. Diagnosis by a qualified physiciain
b. Required opinon that asbestos is a substantial contributing
factor
c. Underlying asbestosis (1/1 or greater)
d. Bilateral pleural abnormality/thickening?
e. Pathological evidence or asbestosis?
6. Asbestosis claim -
a. Diagnosis by a qualified physician?
b. ILO profusion reading of 1/1 or greater?
c. Pathological evidence of asbestosis?
7. Pleural Disease/Pleural Plaque Claim
a. Diagnosis by qualified physician of
i. Diffuse pleural thickening
ii. Pleural Plaques
b. Opinon that asbestos is a substantial contributing factor
* Product Identification and Exposures -
1. Sworn or verified statement that the product was present during
relevant time and place
2. Specific product the Debtor is alleged to be responsible for must
be identified
* Premises/Operations Claim -
1. Sworn or verified statement that the claimant was present at
premises the product was used
2. Sworn or verified statement that SPECIFICALLY describes how the
claimant was allegedly exposed to the product or operation.
* Work History -
1. Employment History
2. Site Exposure History
==============
As I previously stated, you do not need an attorney to represent you
in your claim. One of the Constitutional guarantees in the US is your
right to file a claim without representation by an attorney in any
court of competent jurisdiction. If you do so, remember that as the
claimant you have the burden of proof. If you cannot prove your claim,
the Debtor (in this case, Shook & Fletcher) can challenge your claim
and ask the Court to bar it. If it is challenged, the Claimant must
defend the claim. Once barred, you cannot refile, although you are
within your rights to try to appeal.
The above information was researched at the University of Arizona Law
Library.
I trust this gives you the information you felt I didn't supply in my
original Answer.
Yours ever so,
Serenata
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