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The information on this page has been collected from many sources and provided as information only to assist Canadians in obtaining information and ensuring that they can benefit from any entitlement they may have because of asbestos insulation in their home. Verify all information before taking any course of action based on information obtained here.



BAR DATE NOTICE DOCUMENTS


  • Questions & Answers

     

  • Questions


    1. Why did I receive this Bar Date Notice Package?
    2. What is this about?
    3. Why did the Debtors file for bankruptcy?
    4. What is a bar date?
    5. How do I know if I have a claim?
    6. How was I identified as a creditor?
    7. Is this a lawsuit?
    8. What is ZAI?
    9. If I look in my attic and see what I think is ZAI, should I send in a sample?
    10. Does this include claims for personal injury related to ZAI?
    11. Does this include any US ZAI claims?
    12. What if I have an asbestos-related personal injury claim?
    13. What if I have an asbestos-related property damage claim not involving ZAI?
    14. What if I have a trade claim or some other general unsecured claim not involving ZAI or other asbestos claims?
    15. What happens if I don't send in a claim?
    16. What is the filing deadline?
    17. I have already filed a claim with W.R. Grace & Co. (or an attorney). Do I have to complete another?
    18. How do I receive a Bar Date Notice Package?
    19. In which languages can I receive a Bar Date Notice Package and in which languages can I submit a ZAI Proof of Claim?
    20. My attorney has all of my information. Can he/she submit the form?
    21. How do I know if my attic insulation is Zonolite Attic Insulation and related to the Debtors?
    22. What type of equipment and services did the Debtors market and provide?
    23. I can't get copies of the documents related to my claim by the bar date. What should I do?
    24. How will I know if my claim will be paid?
    25. When will I get paid?
    26. Do I need an attorney?
    27. I received a Confirmation Postcard and I didn't file any claim, what do I do?

    ANSWERS


    1. Why did I receive this Bar Date Notice Package?
    W.R. Grace & Co. and certain related companies filed for bankruptcy protection under Chapter 11 of the United States Bankruptcy Code. If you received a Bar Date Notice Package, then you have been identified as a person (or entity) who may have a ZAI Claim against the Debtors relating to property located in Canada (“CDN ZAI PD Claims”). The package you received is a Bar Date Notice package that provides you with notification of important information about CDN ZAI PD Claims including a deadline for filing CDN ZAI PD Claims. Just because you received the package does not necessarily mean you have a CDN ZAI PD Claim, but it provides you with information to decide if you have such a claim.

    2. What is this about?
    On April 2, 2001 W.R. Grace & Co. and certain related companies filed for bankruptcy protection under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware.

    The Debtors are currently working on a plan of reorganization in order to emerge from bankruptcy. As part of that process, the Debtors and certain other parties entered into a settlement to pay valid Canadian ZAI Claims. Under the settlement, Canadian ZAI personal injury Claims (“CDN ZAI PI Claims”) will be channeled to a U.S. trust and valid claims will be paid by the trust pursuant to certain trust distribution procedures. The settlement also provides that CDN ZAI PD Claims will be paid by a trust or “fund” (the “CDN ZAI PD Claims Fund”) established in Canada. One of the conditions to payment is that holders of CDN ZAI PD Claims file their claims on or before a “bar date” that has been set by the U.S. Bankruptcy Court. That bar date is August 31, 2009.

    Complete Bar Date Notice packages have been prepared that include detailed information regarding who must file now, when and where to file, and what to file. Also included in the packages are the official Proof of Claim forms required for filing a CDN ZAI PD Claim. These packages were mailed in November 2008 to all persons or entities who, based on the Debtors' records, may have CDN ZAI PD Claims against the Debtors, and to certain attorneys who represent persons or entities who may have such claims. Other persons or entities who did not receive packages, but who believe they might have claims against one or more of the Debtors, may request that a package be sent to them by calling the claims agent in these cases at 877-465-4817 or by downloading the CDN ZAI PD Proof of Claim Form and instructions from this website.

    3. Why did the Debtors file for bankruptcy?
    The Debtors filed for relief because it provided the only reasonable means by which they could manage their asbestos liability and determine the extent and magnitude of that liability.

    4. What is a bar date?
    A bar date is the date set by the Court as the date by which all persons and entities who have claims against the Debtors must file proofs of claim or be forever barred from asserting any such claims against the Debtors. The claims that must be filed by August 31, 2009 are CDN ZAI PD Claims as defined in the Bar Date Notice. CDN ZAI PI Claims are not subject to the bar date, and should not be filed.

    5. How do I know if I have a claim?
    CDN ZAI PD Claims are claims that relate to the cost of abatement or removal, diminution of property value or other economic loss allegedly caused by Zonolite Attic Insulation manufactured by the Debtors and installed in homes and buildings that are located in Canada. Zonolite Attic Insulation is a loose-fill, non-roll vermiculite home attic insulation, which may contain naturally occurring asbestos. It was sold from the 1920/1930s to 1984. Zonolite may have a glittery granular appearance. The granules are shaped like a small nugget and expanded like an accordion and may have a silvery, gold translucent or brownish cast. After years in the attic, the granules may darken to black or gray. Zonolite may be found underneath subsequently installed insulation of other types such as rolled fiberglass insulation. A more detailed description of CDN ZAI PD Claims is included in the Bar Date Notice package.

    If you think you have a CDN ZAI PD Claim, you must submit your claim by August 31, 2009 on the appropriate CDN ZAI PD Proof of Claim Form .

    This bar date only relates to CDN ZAI PD Claims. If you have a different type of claim, or if you have a ZAI Claim for property located in the United States, you are not subject to this bar date.

    If you still are unsure whether you should file a claim now, you may wish to contact an attorney at your own expense or contact the CCAA Representative Counsel, who have been appointed by the Canadian Court to represent the interests of Canadian ZAI Claimants in the U.S. bankruptcy case. Their contact information is as follows:

    Michel Bélanger
    Lauzon Belanger, Inc.
    286 Saint-Paul West
    Montreal (Quebec) H2Y 2A3
    Telephone: (514) 844-4646
    Facsimile: (514) 844-7009
    Website: www.lauzonbelanger.qc.ca
    [email protected]

    and
    David Thompson
    Matthew Moloci
    Scarfone Hawkins LLP
    One James Street South, 14th Floor
    P.O. Box 926, Depot 1
    Hamilton Ontario, Canada L8N 3P9
    Telephone: (905) 523-1333
    Facsimile: (905) 523-5878
    Websites: www.shlaw.ca or www.classactionlaw.ca
    [email protected]
    [email protected]

    You can also contact U.S. counsel for the CCAA Representative Counsel if you have questions:

    Daniel K. Hogan
    The Hogan Firm
    1311 Delaware Avenue
    Wilmington, DE 19806
    Telephone: (302) 656-7540
    Facsimile: (302) 656-7599
    Website: www.thehoganfirm.com
    [email protected]


    6. How was I identified as a creditor?
    The Debtors were required to provide names and addresses for all persons or entities known to the Debtors who may have CDN ZAI PD Claims against the Debtors. Some names were generated from the Debtors' own business records, and some names were provided by CCAA Representative Counsel and counsel for the Crown (the Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada).

    7. Is this a lawsuit?
    This is not a lawsuit. W.R. Grace & Co. and certain of its subsidiaries have filed a voluntary petition for reorganization of its businesses under the Chapter 11 Bankruptcy Code.

    8. What is ZAI?
    Zonolite Attic Insulation is a loose-fill, non-roll vermiculite home attic insulation, which may contain naturally occurring asbestos. It was sold from the 1920/1930s to 1984. Zonolite may have a glittery granular appearance. The granules are shaped like a small nugget and expanded like an accordion and may have a silvery, gold translucent or brownish cast. After years in the attic, the granules may darken to black or gray. Zonolite may be found underneath subsequently installed insulation of other types such as rolled fiberglass insulation.
    9. If I look in my attic and see what I think is ZAI, should I send in a sample?
    No. You are not required to send in samples of ZAI. You need only answer the questions and provide any backup documentation that you may have to the questions asked on the ZAI Proof of Claim.
    10. Does this include claims for personal injury related to ZAI?
    No. The Canadian ZAI Bar Date involves only Canadian ZAI property-related claims such as the cost of abatement or removal, diminution of property value or other economic loss allegedly caused by Zonolite Attic Insulation.
    11. Does this include any US ZAI Claims?
    No. The bar date for ZAI Claims related to property located in the United States has already passed. The US ZAI Bar Date was October 31, 2008.
    12. What if I have an asbestos-related personal injury claim?
    The Debtors anticipate that all asbestos-related personal injury claims that are attributable to the Debtors' products or operations will be channeled to a trust for payment under a plan of reorganization. Under the settlement involving Canadian ZAI Claims, the Canadian ZAI personal injury claims -- CDN ZAI PI Claims -- will be channeled to a U.S. trust for payment under a plan of reorganization. A final version of the plan of reorganization has not yet been filed or approved by the Court at this time. If you have additional questions regarding asbestos-related personal injury claims, you might contact the Asbestos Personal Injury Committee in these cases: Mark Hurford at Campbell & Levine in Delaware, phone: 302-426-1900 or the CCAA Representative Counsel if you have a CDN ZAI PI Claim. Contact information for CCAA Representative Counsel is listed above at No. 5.
    13. What if I have an asbestos-related property damage claim not involving ZAI?
    The bar date for asbestos-related property damage claims not involving ZAI has already passed. If you have additional questions, you can contact counsel for the Asbestos Property Damage Committee in these cases: Jay Sakalo at Bilzin Sumberg in Miami, Florida, phone: 305-375-6156.
    14. What if I have a trade claim or some other general unsecured claim not involving ZAI or other asbestos claims?
    The bar date for general unsecured claims has already passed. If you have additional questions, you can contact the Official Unsecured Creditors' Committee in these cases. Arlene Krieger at Stroock & Stroock & Lavan LLP in New York, phone: 212-806-5544.
    15. What happens if I don't send in a claim?
    If you meet the definition for a CDN ZAI PD Claim as described in the General Instructions included with the Bar Date Notice, and you do not submit a claim by August 31, 2009 to the claims agent identified in the Bar Date Notice package, your claim will be barred under the settlement of Canadian ZAI Claims for any potential future recovery from the Canadian payment fund (the “CDN ZAI PD Claims Fund”).
    16. What is the filing deadline?
    The bar date by which all CDN ZAI PD Claims must be filed is August 31, 2009.
    17. I have already filed a claim with W.R. Grace & Co. (or an attorney). Do I have to complete another?
    If you filed a proof of claim for another type of claim in the bankruptcy case unrelated to CDN ZAI PD Claims, you must file a new claim only if your new claim is a CDN ZAI PD Claim. Also, if you previously filed a CDN ZAI PD Claim using an Official Form 10 or any other proof of claim form, such as the U.S. ZAI proof of claim form, you must re-file your claim using the approved CDN ZAI PD Proof of Claim Form on or before August 31, 2009. A CDN ZAI PD Claim must be filed on the court-approved CDN ZAI PD Proof of Claim Form.
    18. How do I receive a Bar Date Notice Package?
    You can download a copy of the bar date materials from this website or call the claims agent at 877-465-4817 to have the materials mailed to you.
    19. In which languages can I receive a Bar Date Notice Package and in which languages can I submit a ZAI Proof of Claim?
    The Bar Date Notice Package is available in English, French, and Inuktitut. You can submit your claim in English or French.
    20. My attorney has all of my information. Can he/she submit the form?
    If an attorney represents you, you can have him or her submit your claim. However, you should contact your attorney to make sure he has the appropriate court-approved CDN ZAI PD Proof of Claim Form that relates to your claim and you should make sure your claim is properly and fully completed and submitted by the August 31, 2009 bar date.
    21. How do I know if my attic insulation is Zonolite Attic Insulation and related to the Debtors?
    ZAI is a loose-fill, non-roll vermiculite home attic insulation. It was sold from the 1920/1930s to 1984, and it may have a glittery granular appearance. The granules are shaped like a small nugget and expanded like an accordion and may have a silvery, gold translucent or brownish cast. After years in the attic, the granules may darken to black or gray. It may also be found underneath subsequently installed insulation of other types such as rolled fiberglass insulation. In addition, it was sold under various brand names including: Zonolite Attic Insulation, Attic Fill, House Fill, Home Insulation, Zonolite Insulating Fill, Econofil, Quiselle Insulating Fill, Sears Micro Fill, Ward's Mineral Fill, Wickes Attic Insulation, Cashway Attic Insulation, Attic Plus, Unifil, and Mica Pellets Attic Insulation.

    You may also consult with your own attorney.

    If you believe you may have a Canadian ZAI Claim, you can also contact the CCAA Representative Counsel, who has been appointed by the Canadian Court to represent the interests of Canadian ZAI Claimants in the Debtors' bankruptcy cases. Contact information is listed above at No. 5..
    22. What type of equipment and services did the Debtors market and provide?
    Among other things, the Debtors mined vermiculite and produced and marketed vermiculite products, some of which may have contained naturally occurring asbestos. These products included certain attic insulation. A list of the brand names under which the Debtors' manufactured or sold attic insulation that may have contained asbestos is included in the Bar Date Notice Package.
    23. I can't get copies of the documents related to my claim by the bar date. What should I do?
    The CDN ZAI PD Proof of Claim Form allows you to attach additional documentation in support of your claim. You must submit your claim no later than August 31, 2009. If you have attachments, you should file your claim by August 31st and then file an amended claim with the attachments as soon as you receive the attachments.

    24. How will I know if my claim will be paid?
    The settlement entered into by the Debtors, the CCAA Representative Counsel, and certain other parties has been approved by the Canadian Court. Payment under the settlement to the CDN ZAI PD Claims Fund for the payment of CDN ZAI PD Claims will be made on the effective date of the Debtors' plan of reorganization. A claims administrator will then administer the CDN ZAI PD Claims Fund and make payments pursuant to certain procedures set forth in the settlement agreement for valid CDN ZAI PD Claims. At this time, there has been no plan confirmed by the Court; therefore, the Debtors' plan has not yet become effective. It is unclear when the Debtors' plan will become effective.
    25. When will I get paid?
    At this time, there has been no plan confirmed by the Court; therefore, the Debtors cannot answer when claims will be paid.
    26. Do I need an attorney?
    You may choose to retain an attorney, however, you are not required to do so in order to file a claim.

    You can also contact the CCAA Representative Counsel who has been appointed by the Canadian Court to represent the interests of Canadian ZAI Claimants in the Debtors' bankruptcy cases. Their contact information is listed above at No. 5.
    27. I received a Confirmation Postcard and I didn't file any claim, what do I do?
    You should call the claims agent at 877-465-4817, and they can provide you with more information about your claim.



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