Opinion
CASE NO. 95-20512
May 13, 2004
George H. Tarpley, David Ellerbe, NELIGAN TARPLEY ANDREWS FOLEY LLP, Dallas, TX, for DOW CORNING CORPORATION
Kenneth H. Eckstein, Jeffrey S. Trachtman, KRAMER LEVIN NAFTALIS FRANKEL LLP, New York, NY, for THE TORT CLAIMANTS COMMITTEE
ORDER REGARDING NOTICE PROVIDED BY ORDER CONFIRMING AMENDED JOINT PLAN OF REORGANIZATION CONCERNING LATE PROOFS OF CLAIM
On November 30, 1999, the Bankruptcy Court entered an Order (the "Confirmation Order") confirming the Amended Joint Plan of Reorganization as Modified (the "Plan"). Paragraph 10 of the Confirmation Order provides for the Debtor to mail a notice to certain parties concerning the late filing of proofs of claim to preserve the right to pursue a claim under the Plan (the "Notice"). Upon the agreement of the Debtor and the Official Committee of Tort Claimants, as evidenced on page 2 of this Order, it is ORDERED as follows:
1. The form of the Notice attached hereto as Exhibit 1 is hereby approved.
2. The period specified in paragraph 10 of the Confirmation Order for the filing of proofs of claim pursuant to such paragraph is hereby extended from 60 days to 90 days after the date the Debtor mails the Notice.
3. The Notice and paragraph 10 of the Confirmation Order are without prejudice to the right of any party covered by paragraph 10 to file a motion to authorize the filing of a late claim based upon good cause or to the Debtor's right to oppose any such motion.
EXHIBIT "1" IMPORTANT NOTICE — PLEASE READ AND ACT IMMEDIATELY TO PRESERVE YOUR LEGAL RIGHTS In re Dow Corning Corporation, Bankruptcy Case No. 95-20512 Late Claimants Must File a "Proof of Claim" Form By ________, 2004
1. In 1996, the bankruptcy court in the Dow Corning case established a deadline (called a "Bar Date") to file a "Proof of Claim form" to preserve your legal rights to pursue a claim against Dow Corning. The Court's records indicate that you did not file a Proof of Claim form by the Bar Date, but you filed on or before November 30, 1999 either a) a motion or letter with the court requesting an extension or permission to file a late claim, or b) a "Notice of Intent" under Bankruptcy Rule 3005.
2. If you wish to preserve your legal right to participate in the Dow Corning Settlement Program and either file a claim in the Settlement Option or opt-out to pursue a case in court against the Litigation Facility, Inc., then you must act now. You must complete and return the enclosed "Implant Proof of Claim Form" to the address listed below and it must be received on or before ____________, 2004. If you do not return this Implant Proof of Claim Form by ___________, 2004, then your claim will be barred forever and you will have no rights to pursue any claim against Dow Corning, the Reorganized Dow Corning, the Released Parties, the Settlement Facility — Dow Corning Trust, or the Litigation Facility, Inc.
If you have questions about this, you can contact the Claims Assistance Program at its toll free number 1-866-874-6099.
Send your Implant Proof of Claim Form to:
Daticon Systems, Inc. P.O. Box 6003 Gales Ferry, CT 06335-6003
3. The Settlement Facility-Dow Corning Trust (the "Settlement Facility") mailed claim information to claimants in early 2003 and will mail additional claim information to claimants shortly after June 1, 2004, which has been established as the Effective Date of the Plan. To be eligible to participate in the Plan, you must file the enclosed proof of claim form by the deadline stated in paragraph 2 above EVEN IF you have already received claim information from the Settlement Facility or receive claim information from the Settlement Facility after June 1.
4. If you received this notice late and therefore are unable to mail the Proof of Claim form by _______, 2004, call Claims Assistance at the number above. This notice is without prejudice to the right of any party who was sent this notice to file a motion to authorize the filing of a late claim based upon good cause or to the Debtor's right to oppose any such motion.