In re Dow Corning Corporation

Full title: IN RE: DOW CORNING CORPORATION, REORGANIZED DEBTOR

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Dec 22, 2004

Case No. 00-CV-00005-DT (Settlement Facility Matters) (E.D. Mich. Dec. 22, 2004)

Opinion

Case No. 00-CV-00005-DT (Settlement Facility Matters).

December 22, 2004

Deborah E. Greenspan, Esq., The Feinberg Group, LLP, Washington, DC, FOR DOW CORNING CORPORATION.

Dianna L. Pendleton-Dominguez, Esq. Blizzard, McCarthy Nabers LLP, Houston, TX, FOR THE CLAIMANTS' ADVISORY COMMITTEE.

AGREED ORDER ALLOWING CLAIMANTS TO RETURN THE EXPEDITED RELEASE PAYMENT IN CERTAIN CIRCUMST ANCES

DENISE HOOD, District Judge

Annex A to the Settlement Facility and Fund Distribution Agreement provides that eligible tort claimants may select either an Expedited Release Payment or a Disease payment (for Classes 5 and 6) or Medical Condition payment (for Classes 9 and 10). Once a claimant receives payment for the Expedited Release option, the claimant is not eligible to apply or receive compensation for the Disease or Medical Condition options. Annex A does not define when a claimant is deemed to have received a payment.

Pursuant to Section 5.05 of the Settlement Facility and Fund Distribution Agreement, the Claims Administrator requested that the Claimants' Advisory Committee and Debtor's Representatives (successors to the Plan Proponents) clarify through a Plan interpretation whether claimants may return an uncashed Expedited Release payment and thereby preserve the right to apply and receive payment for a Disease or Medical Condition payment. Having consulted, the Plan Proponents agree to the following Plan interpretation:

A claimant may return an uncashed Expedited Release check or draft and apply for a Disease (or Medical Condition) payment provided that (1) the uncashed check or draft is returned to the Settlement Facility within 60 days of the date of its issuance, (2) the returned uncashed check or draft is accompanied by a statement from the Claimant or her attorney withdrawing the Expedited Release claim, and (3) the Claimant has not previously withdrawn an Expedited Release claim.

The Claimant will not be able to change the election if she has already cashed the check. Claimants who applied for Expedited Release but have not received a check can withdraw their claim at any time.

This Court hereby ORDERS that the Plan interpretation set forth above shall be adopted.