Bankruptcy and reorganization

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Bates White provides analysis and litigation support to companies, insurers, creditors, and other parties involved in, or contemplating, bankruptcy or other reorganizations that include environmental and product-related liabilities. We apply our scientific approach to quantify exposure and determine the size of the potential liability. Our firm has extensive experience, particularly in the asbestos industry, analyzing trust distribution plans and quantifying the impact of differing payment provisions on the value of environmental and product liability claims.

  • On behalf of Garlock Sealing Technologies and Coltec, Garlock's direct parent company, provided an estimate of Garlock's legal liability for mesothelioma asbestos claims that was ultimately adopted by the Court. In addition, provided valuation and estimation methodology expert services to Garlock and Coltec's claims under the Reorganization Plan's Claims Resolution Procedures to assess the financial feasibility of the eventual 524(g) trust. The final settlement to cover all asbestos claims for Garlock and Coltec was less than half the original estimate for Garlock mesothelioma claims presented to the Court by the Asbestos Claimants' Committee and the Future Claimants Representative.
  • Testified in the bankruptcy confirmation of Babcock & Wilcox on behalf of the Insurers Joint Defense Group to address asbestos liability. Developed claims criteria evaluation framework for use in assessing asbestos liability forecasts and trust distribution procedures.
  • Estimated potential silica-related personal injury liability to advise a major friction products manufacturer undergoing Chapter 11 reorganization.
  • Retained as testifying expert on behalf of the insurance committee in the bankruptcy proceedings of a major asbestos products manufacturer. Estimated liability attributable to manufacturer and testified on the proportion of liability attributable to operations.
  • Advised creditors′ committee of a major bankrupt manufacturer on potential asbestos liability. Estimated future claim values and liability under various trust distribution scenarios and analyzed implications on insurance coverage.
  • Retained as testifying expert by insurer in the asbestos-related bankruptcy of a major refractory manufacturer. Estimated asbestos liability in the context of bankruptcy proceedings.
  • Estimated potential liability resulting from federalization of asbestos-related personal injury claims for a major construction products manufacturer.
  • Retained as testifying expert by outside counsel of a major insurer to address the asbestos liability of MacArthur Company and Western MacArthur Company. Estimated asbestos liability in the context of bankruptcy proceedings.