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- Bankruptcy judge Laura Beyer withdrew an omnibus motion to reconsider approval of counsel for Bestwall LLC, a unit of Georgia pacific, in its Chapter 11 bankruptcy proceeding. In her March 22 order, Beyer wrote that Bestwall and the Official Committee of Asbestos Claimants, or Asbestos Claimants Committee, announced at a hearing that they agreed to a resolution of the motion. Beyer withdrew the motion but preserved the committee’s right to challenge any use of medical science evidence in the bankruptcy proceeding, including in connection with any asbestos claim estimation. Bestwall LLC, formerly part of Georgia Pacific LLC, filed a voluntary petition for bankruptcy on Nov. 2 in the U.S. Bankruptcy Court for the Western District of North Carolina. On Jan. 26, the Official Committee of Asbestos Claimants filed an omnibus motion to reconsider employing King & Spalding LLP of Atlanta and Schachter Harris LLP of Irving, Texas, as the debtors’ special counsel. Local attorneys Beth A. Gori of Gori Julian & Associates PC in Edwardsville and Andrew O’Brien of O’Brien Law Firm PC in St. Louis are included on the committee of lawyers for claimants. Bestwall moved to retain King & Spalding to assist with the estimation trial, which has represented Old Georgia Pacific for more than 13 years. In its Jan. 26 motion to reconsider, the committee argued that King & Spalding will be a significant witness at any estimation trial based on its “extensive knowledge concerning Old GP’s businesses, former asbestos-containing products, history related to asbestos litigation, scientific research relating to issues arising in the asbestos cases filed against Old GP, defenses to asbestos claims, and both Old GP’s and the Debtor’s management of the defense and settlement of asbestos claims.” The committee also argued that the firm’s “role in connection with pre-petition management of the debtors’ asbestos liability defense provides it with an interest that may be adverse to the best interests of the debtor’s estate.” The committee stated that by arguing that Georgia Pacific’s settlement history has been tainted by withheld information, the debtor has put at issue the approach Georgia Pacific used in making decisions to settle asbestos related personal injury and wrongful death claims. “Central to Old GP’s and the Debtor’s decisions to address asbestos claims through litigation, settlement, or otherwise will be the conduct and advice of its counsel.
For the original version including any supplementary images or video, visit https://madisonrecord.com/stories/511370846-asbestos-claimant-committee-s-motion-to-reconsider-counsel-withdrawn-in-bestwall-bankruptcy-proceeding
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