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Bankruptcy may be fading as a tool to solve mass torts, but in North Carolina a nearly decade-old asbestos case is still going strong.
Georgia-Pacific's Bestwall subsidiary—created to carry the pulp-and-paper company's asbestos liabilities into bankruptcy—has lingered since 2017, defeating several attempts by personal-injury lawyers to eject it from chapter 11. Bestwall now faces a challenge it hasn't faced before—not from tort claimants, but from government lawyers.
The Bankruptcy Administrator for the Western District of North Carolina said in court papers Tuesday that Bestwall should be run by an independent trustee with the power to control the case and propose a settlement plan. A chapter 11 trustee would act like a mediator who could negotiate terms "that he or she believes could gain the support of the divergent constituents in this case," said the administrator, a court-appointed watchdog in the states of North Carolina and Alabama.
Bestwall was the original Texas Two-Step, a chapter 11 strategy to carry tort liabilities into bankruptcy court while keeping corporate assets outside of court protection. Bestwall has said it should remain in control of its case so that it can obtain a court order estimating its total asbestos bill.
Representatives for claimants have argued the bankruptcy was filed in bad faith to reduce Georgia-Pacific's liabilities, an argument that has been repeatedly rejected by the presiding judge and the Fourth Circuit appeals court.
—Andrew Scurria
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