National Post

If You Worked Around Gaskets, Packing, or Equipment Containing Asbestos

The Garlock and Coltec Bankruptcy Settlement May Affect Your Rights.

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There is a bankruptcy involving claims about exposure to asbestos-containing gaskets, packing, and equipment. Garlock Sealing Technologi­es LLC, The Anchor Packing Company, and Garrison Litigation Management Group, Ltd., along with representa­tives of asbestos claimants, have filed a new plan of reorganiza­tion (the “Plan”). Coltec Industries Inc is also part of the Plan. If claimants approve the Plan, Coltec will merge with a company known as OldCo, LLC, and that company will file a bankruptcy case. Together, these companies are referred to as the “Debtors.”

The gaskets and packing were used in places where steam, hot liquid, or acids moved through pipes, including industrial and maritime settings. The equipment included compressor­s, engines, pumps, transforme­rs, and other equipment that may have had asbestos-containing components, such as gaskets or packing. The Coltecrela­ted divisions or businesses that may have sold asbestos-containing products or equipment were Fairbanks Morse, Quincy Compressor, Central Moloney, Delavan, France Compressor, and Farnam.

Who Is Affected by the Bankruptcy Case?

Your rights may be affected if you:

• Worked with or around Garlock asbestosco­ntaining gaskets or packing, Coltec equipment with asbestos components, or any other asbestos-containing product for which Debtors are responsibl­e, or

• Have a claim now or in the future against the Debtors for asbestos-related disease caused by any person’s exposure to asbestos-containing products.

Even if you have not yet been diagnosed with any disease or experience­d any symptoms, your rights may be affected.

The Court has appointed a Future Claimants’ Representa­tive (“FCR”) to represent the rights of these future claimants.

What Does the Plan Provide?

The Plan is the result of a settlement agreement between the Debtors, the FCR, and committees representi­ng asbestos claimants against Garlock and Coltec (the “Asbestos Claimants Committee”). The Plan will establish a Trust funded with $480 million to pay asbestos claims against Garlock and Coltec. If the Plan is

approved, all claims must be filed against the Trust. You will not be able to file claims against the Debtor or protected

parties. If you have claims only against Anchor, you are not expected to recover anything, as that company has no assets and will be dissolved.

The Plan replaces a different plan that was supported by the Debtors and FCR. The Plan provides more guaranteed funding for paying asbestos claims, and also pays claims against Coltec. The Asbestos Claimants Committee opposed the previous plan, but supports the Plan.

Who Can Vote on or Object to the Plan?

All identifiab­le asbestos claimants or their attorneys will receive the “Solicitati­on Package.” This includes the Plan, Voting Ballot, and other informatio­n. You can vote on the Plan by providing certified informatio­n about your claim, or making a motion to vote as described in the Solicitati­on Package available online or by calling the toll-free number.

You will need to vote on the Plan by December 9, 2016. You may also object to the Plan and the adequacy of the FCR’s representa­tion of future claimants, but must do so by December 9, 2016.

Do I Have to File a Claim?

Certain deadlines for filing asbestos claims against Garlock have already passed. If you have an asbestos claim against Coltec based on a disease diagnosed on or before August 1, 2014, you must cast a ballot before December 9, 2016, or else file a claim by March 24, 2017. If you do not file a claim, you may lose your right to bring your Coltec claim against the Trust in the future. Individual­s diagnosed with disease after August 1, 2014 do not have to file a claim at this time, but may be able to vote or object to the Plan. In addition, if you have already filed an asbestos claim against Garlock, you do not have to file a separate Coltec asbestos claim.

When Will the Court Decide on the Plan?

A hearing to consider confirmati­on of the Plan will begin at 10:00 a.m. ET on May 15, 2017, at the US Bankruptcy Court, Western District of North Carolina, 401 West Trade Street, Charlotte, NC 28202.

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