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Whether the trust is the product of a bankruptcy plan or a state law plan of dissolution, certain factors must be considered. Section 1123(b)(3)(B) of the Bankruptcy Code allows this prospect to be avoided.To find out more, Lawyer Monthly hears from Ashley B. It states that a plan may provide for the retention and enforcement by the debtor, by the trustee, or by a representative of the estate appointed for such purpose, of any such claim or interest.Due to the long latency period associated with asbestos exposure, many individuals who were exposed 20, 30 or even 50 years ago have only now been diagnosed with mesothelioma and may be eligible to apply for compensation from the established asbestos bankruptcy trust system.Several asbestos companies, starting in the 1970s and through today, faced a significant amount of lawsuits from current and future asbestos victims and decided to file for bankruptcy protection as a result.In conjunction with the other provisions of the Bankruptcy Code that require a disclosure statement and plan to provide “adequate information” for a claim or interest holder to make an informed judgment about the plan, Section 1123(b)(3) effectively provides notice to creditors of retention and prospective enforcement of claims that may enlarge the estate’s assets for distribution.

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Over the past several months, many of our competitors have announced dramatic reductions in their capital expenditure budgets for 2009 and beyond.

Filing for both usually comes about when a single asbestos-related disease was caused by several companies’ negligence.

Receiving compensation from an asbestos trust may affect the amount of compensation you receive from a lawsuit against a solvent company.

We have witnessed the weeding out process that inevitably accompanies difficult economic times, with retail companies like Circuit City, Mervyn’s, Linens ’n Things, and Fortunoff not just filing for bankruptcy, but undertaking complete liquidation.

Other retail companies, many of whom are highly regarded, have seen their plans and expectations thwarted by events ranging from consumer distress and the tightening of credit markets to rating agency concerns, all of which have upset normal expectations about how a retail business should be run.




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She acknowledged ”there was no good reason to end things”, yet, at the time, she was convinced something was missing in the relationship. The other point being made in the article is that many women who spend their 20’s becoming powerful and independent (education, salary, etc.) often end up unhappy in their 30s.


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