Asbestos Bankruptcy Management and Consulting

Brownson Norby has substantial experience advising defendants in asbestos litigation about options and multiple strategies to resolve such litigation.

For companies facing asbestos liabilities through the creation of Section 524 asbestos settlement trusts, one strategy involves using the specific provision of the U.S. Bankruptcy Code applicable to Chapter 11 cases.

Our lawyers consult with companies before, during, and after the bankruptcy process.

  • We provide advice to companies who are defendants, or potential defendants in the asbestos litigation with respect to the impact of bankruptcy of culpable parties, other potential asbestos exposures, and bankrupt entities disclosure and offset issues.
  • We also advise insurers providing coverage, or potential coverage, to bankrupt entities, of the effects of the bankruptcy upon that insurance coverage.
  • We provide advice about the effects of bankrupt entities upon the asbestos litigation process, including product identification issues and the historical association with product identification testimony as defendants enter bankruptcy.

API, Inc. Asbestos Settlement Trust.  The API, Inc. Asbestos Settlement Trust is a court-ordered entity resulting from the confirmation of the Third Amended Reorganization Plan of API, Inc., a long-time major commercial insulation contractor.

Since February 5, 2004, Bob Brownson has acted as Trustee of the API, Inc. Asbestos Settlement Trust, a Section 524 bankruptcy settlement trust. He was appointed as Trustee by Chief Judge Gregory Kishel of the United States Bankruptcy Court, District of Minnesota. In that capacity, Bob Brownson:

  • Has supervised, or handled, and resolved, all insurance coverage litigation by the Trust to recover insurance assets for the Trust;
  • Has developed and implemented Claim handling procedures, Claim forms, Releases, and all documents necessary to receive, process, and pay Claims received by the Trust;
  • Handles and makes the approval determination for all Claims received by the Trust;
  • Prepares all annual, and other, Reports required by the Trust;
  • Handles investments of Trust assets; and
  • Performs all duties required of the Trustee in the Confirmation Plan, the Trust Agreement, and the Trust Distribution Procedures (TDP’s).

Kristi Brownson acts as National Litigation Counsel for the API, Inc. Asbestos Settlement Trust. In that capacity, she handles, or supervises all litigation by, and against, the Trust.

Tom Norby has advised several asbestos settlement trusts established pursuant to the United States Bankruptcy Code, with respect to claims matters and historical liability. He has created and maintains a unique asbestos bankruptcy database with over 200,000 site records from around the country. With this database, defendants in asbestos litigation nationwide are able to access information with respect to asbestos exposures resulting from bankrupt entities.

Asbestos Liability Risk Analysis (ALRA) GroupBob Brownson is a founding member of the ALRA Group, a team of highly experienced defense lawyers who have represented international, national, regional, and local, defendants in asbestos litigation in every major jurisdiction throughout the U.S. for nearly 30 years. Together, they form a group of the preeminent counsel who have handled and supervised the defense of more than 300,000 asbestos bodily injury cases.

Their experience includes work as National Coordinating Counsel for defendants in diverse industries comprising all major aspects of the products and exposures giving rise to asbestos bodily injury claims. As national, regional, and local state counsel, they have handled trials, settlements and appeals of numerous cases, including major consolidated cases ranging from dozens to thousands of individual claims, and the major class action cases containing hundreds to tens of thousands of individual claims. Most importantly, the hallmark of their efforts has been success amid the shifting, complex sands of asbestos litigation.

Asbestos litigation has bankrupted scores of otherwise viable companies. This trend continues and investors need sound business advice. As members of the ALRA Group, we analyze asbestos risks for business, insurance and financial clients and predict their future asbestos liability. The ALRA Group has a proven track record in counseling companies about asbestos liability risk management strategies.

Members of the ALRA Group have been at the forefront of developing, analyzing, and presenting, scientific, technical, and medical developments pertaining to asbestos exposure, and disease.

Uniquely, members of the ALRA Group have managed and handled the funding of expense, and settlement, of asbestos bodily injury cases, over a period of many years, for a diverse group of defendants, and major insurance companies.

Asbestos Bankruptcy Consulting. Bob Brownson has consulted with defendants in asbestos litigation concerning their options, and the pros and cons, of utilizing the Bankruptcy Code to resolve asbestos liabilities. Bob has also advised insurers with respect to asbestos bankruptcy matters.

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