3rd Circ. Won't Revive Asbestos Claims In EFH Ch. 11 Dispute

Law360 (February 18, 2020, 10:53 PM EST) -- The Third Circuit on Tuesday backed a lower court's decision to deny asbestos claimants' objections to a Chapter 11 plan of reorganization for Energy Future Holdings Corp., saying the claimants could still seek relief despite the passage of a cutoff date for filing claims.

The three-judge panel said a Delaware federal court had been right to throw out the appeal of a bankruptcy court's order confirming a Chapter 11 plan for EFH, which had set a "bar date" by which all "latent claimants" — those who are at risk of an asbestos-related disease but have not contracted one — had to...

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