WILMINGTON, Del., March 31, 2015 /CNW/ -- The following statement is being issued regarding In re The Flintkote Company and Flintkote Mines Limited, Case No. 04-11300 (MFW) (Jointly Administered).
TYPES OF PRODUCTS: During the 1930s to the 1980s, some products sold by The Flintkote Company and Flintkote Mines Limited (the "Debtors") contained asbestos. These products could have included floor tile, roofing shingles, joint compound, fiber pipe, liquid products, cement board, cement siding, cement pipe, asphalt and other products.
Persons or entities exposed to, or harmed by, the Debtors' asbestos or asbestos-containing products may have personal injury, wrongful death or other claims against the Debtors. You do not need to (i) have been diagnosed, (ii) have symptoms, or (iii) be impaired to be affected by the Plan (defined below).
If you believe you may have been exposed to, or harmed by the Debtors' products, you may be entitled to vote on confirmation of the Plan. You should carefully read this notice and the important documents located at http://www.flintkotebankruptcy.com.
PLAN OF REORGANIZATION: The Debtors filed for bankruptcy in 2004. On February 9, 2015, the Debtors filed a modified joint plan of reorganization (the "Plan") with the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court"). The Plan includes the terms of a settlement reached between the Debtors and their former indirect parent company, Imperial Tobacco Canada Limited ("ITCAN"). The Plan has been jointly proposed by the Debtors, the Asbestos Claimants Committee and the Future Claimants Representative (collectively, the "Plan Proponents"). As background, the Plan is a modified version of a bankruptcy plan on which Debtors previously solicited votes in 2008 and 2009, and which was confirmed by the Bankruptcy Court on December 21, 2012 (the "Prior Plan").
A document describing how the Plan differs from the Prior Plan (the "Disclosure Statement Supplement"), which the Bankruptcy Court approved on March 17, 2015, a copy of the Plan itself and related voting materials (a "Resolicitation Package"), has been mailed to known holders of claims against the Debtors or the claimants' lawyers.
THE TRUST: The Plan provides for a trust to be established to pay eligible asbestos personal injury claims against the Debtors (the "Trust"). The Plan provides that all current and future holders of asbestos personal injury claims will be forever prohibited from asserting claims directly against the Debtors and other parties protected under the Plan, including ITCAN. Such claimants can receive money only from the Trust. The Plan and the Disclosure Statement Supplement contain important additional details and are available at http://www.flintkotebankruptcy.com.
SUPPLEMENTAL SETTLEMENT BAR ORDER: Under the Plan, ITCAN will also obtain protection from certain claims by a settlement bar order, which is described more particularly in the Plan and Disclosure Statement Supplement.
VOTING PROCEDURES: The Bankruptcy Court has issued an order describing who can vote on the Plan, how to vote, and how votes will be counted. The Disclosure Statement Supplement has information that will help you decide whether and how to vote on the Plan if you are entitled to do so. Votes cast on the Prior Plan will be counted as votes on the Plan, unless a holder changes such vote. If you voted on the Prior Plan and do not wish to change your vote, you do not need to submit a ballot. If you did not vote on the Prior Plan, you may obtain and cast a ballot, which would be subject to the Plan Proponents' right to object. To be counted, a completed ballot must be received by the Voting Agent at the address below by 4:00 p.m. (prevailing Eastern time) on June 2, 2015. Any ballot received after that deadline will not be counted.
Proof of an asbestos personal injury or wrongful death claim does not need to be filed with the Bankruptcy Court. Special procedures have been established for holders of asbestos personal injury and wrongful death claims to vote on the Plan. Lawyers for holders of these claims may vote on the Plan on behalf of their clients if authorized by their client. If you are unsure whether your lawyer is authorized to vote on your behalf, please contact your lawyer.
THE HEARING TO CONFIRM THE PLAN: A hearing to confirm the Plan will be held before the Honorable Mary F. Walrath, United States Bankruptcy Judge, at the United States Bankruptcy Court for the District of Delaware, 824 Market Street, 5th Floor, Wilmington, Delaware 19801, commencing on August 10, 2015 at 10:30 a.m. (prevailing Eastern time).
OBJECTING TO THE PLAN: Parties may only object to the changes between the Prior Plan and the Plan, and objections must be submitted in writing and received by July 8, 2015 to be considered. All objections must comply with the requirements in the notice of the Confirmation Hearing, available at http://www.flintkotebankruptcy.com.
HOW TO OBTAIN DOCUMENTS: If you would like additional information about the Plan, Disclosure Statement Supplement and other Trust-related documents (including copies of the Plan, Disclosure Statement Supplement and other Trust-related documents), you may contact the Debtors' Voting Agent at (800) 290-0537, visit http://www.flintkotebankruptcy.com, or write to The Flintkote Company and Flintkote Mines Limited, c/o GCG, P.O. Box 10127, Dublin, Ohio 43017-3127.
For further information: Christina Craige, Sidley Austin LLP, 213-896-6000