General Claims
(Claims other than asbestos-related
personal injury claims or asbestos-related wrongful death claims)
The Bankruptcy Court has established April 15, 2002 at 4:00 p.m. prevailing Pacific time (the "General Claims Bar Date") as the deadline for filing certain proofs of claim. This deadline does not apply to Excluded Claims. Click here for a list of types of claims that are Excluded Claims.
The General Claims Bar Date does not apply to asbestos-related personal injury claims and asbestos-related wrongful death claims, whether or not such claims (a) have been resolved or are subject to resolution pursuant to a settlement agreement, including but not limited to a National Settlement Program ("NSP") Agreement or (b) are based on a judgment. Asbestos-related personal injury claims and asbestos-related wrongful death claims will be subject to a separate claim submission process and should not be filed at this time.
The General Claims Bar Date does apply to derivative asbestos claims - asbestos-related claims for contribution, indemnity, reimbursement, or subrogation. The General Claims Bar Date also applies to personal injury or wrongful death claims that are not asbestos-related. A definition of derivative asbestos claims is contained in the Notice of General Claims Bar Date Order.
Claims for property damage (including any claims for property damage arising from the presence of asbestos-containing or other products in buildings) and claims for contribution, indemnity, reimbursement or subrogation, even though such claims may or might arise directly as a result of exposure to asbestos or asbestos-containing products, are required to be filed on or before the General Claims Bar Date.
Click here to obtain a copy of the Bankruptcy Court's Order establishing the General Claims Bar Date.
Click here for the definition of claim.
Click here to obtain a copy of the Court-approved Notice of the General Claims Bar Date. This Notice contains additional, important information about filing Proofs of Claim against the Debtors.
If you are an employee, click here for additional information.
WHO MUST FILE A PROOF OF CLAIM
You MUST file a proof of claim if you have a claim against a Debtor that: (a) arose prior to October 5, 2000, including, but not limited to, claims based upon: (i) the purchase of products by, or the provision of any services to, any of the Debtors; (ii) property damage arising from the presence of asbestos-containing or other products in buildings; (iii) acts or omissions by any the Debtors, including without limitation claims based on indemnification, contribution, reimbursement, subrogation and guarantees; (iv) environmental liabilities; and/or (v) the sale, manufacture, distribution, installation and/or marketing of products by any of the Debtors, including without limitation underground or above-ground storage tanks, roofing shingles, vinyl siding, metal siding and products containing glass fibers, synthetic vitreous fibers, asphalt and/or resins; and (b) is not an Excluded Claim. Click here for a list of Excluded Claims.
Click here for a definition of the word "claim."
EXCLUDED CLAIMS
You should not file any proof of claim that is an Excluded Claim. For a listing of Excluded Claims, click here.
You should not file a Proof of Claim Form if you do not have a claim against any of the Debtors or if your claim has been paid in full or otherwise satisfied.
ASBESTOS-RELATED PERSONAL INJURY OR
ASBESTOS-RELATED WRONGFUL DEATH CLAIMS
The General Claims Bar Date does not apply to asbestos-related personal injury or asbestos-related wrongful death claims, whether or not such claims (a) have been resolved or are subject to resolution pursuant to a settlement agreement, including but not limited to a National Settlement Program ("NSP") Agreement or (b) are based on a judgment. Asbestos-related personal injury or asbestos-related wrongful death claims will be subject to a separate claims process, to be established by the Court. No deadline has been established for the filing of these claims. These claims should not be filed at this time.
EXECUTORY CONTRACTS AND UNEXPIRED LEASES
Any claim that arises from the rejection of an executory contract or unexpired lease as to which the effective date of such rejection is on or before the entry of the General Claims Bar Date, must, if no earlier deadline is fixed in the rejection Order, file a Proof of Claim Form based on such rejection on or before the General Claims Bar Date. Any person or entity that holds a claim that arises from the rejection of an executory contract or unexpired lease as to which the effective date of such rejection is after the entry of the General Claims Bar Date, must file a Proof of Claim Form of on or before the later of (i) thirty (30) days after the applicable rejection order is entered or (ii) the General Claims Bar Date. The General Claims Bar Date is 4:00 p.m., prevailing Pacific time, April 15, 2002.
WHEN AND WHERE TO FILE
To file a claim, you must do the following:
File with the Claims Agent your claim on a Proof of Claim Form.
Click here to obtain a Proof of Claim Form.
Return your completed Proof of Claim Form(s) to the Claims Agent so that it is actually received no later than 4:00 p.m., prevailing Pacific time, April 15, 2002.
The Claims Agent is Robert L. Berger & Associates LLC. Proof of Claim Forms should be sent to the Claims Agent at the following address:
In re: Owens Corning, et al.
c/o Robert L. Berger & Associates LLC
16161 Ventura Boulevard
PMB 517
Encino, CA 91436
Proof of Claim Forms will be deemed filed only when actually received by the Claims Agent. Proof of Claim Forms submitted by electronic submission or by facsimile will not be accepted and will not be deemed filed. If you are returning a Proof of Claim Form by mail, allow sufficient mailing time so that the Proof of Claim Form is received on or before April 15, 2002 at 4:00 p.m., prevailing Pacific time. Proof of Claim Forms that are postmarked before that date but received thereafter will be considered late.
WHAT TO FILE -- FORMAT AND ATTACHMENTS
Your Proof of Claim Form must: (i) be written in English; (ii) be denominated in lawful currency of the United States; (iii) conform substantially with the Proof of Claim Form; and (iv) indicate the specific Debtor against which you are asserting your claim. To expedite the processing of your claim, use a Proof of Claim Form.
You must attach to your completed Proof of Claim Form copies of any writings or other documents upon which your claim is based. Submitted documents will not be returned. Do not attach original documents. If the documents supporting your claim are voluminous, you may attach summaries.
CONFIRMATION THAT YOUR PROOF OF CLAIM HAS BEEN FILED
Keep a copy of your completed Proof of Claim Form for your records. You will receive written notification of the filing of your Proof of Claim Form and the number assigned to it. Time-stamped copies of Proof of Claim Forms will not be returned.
CLAIMS AGAINST MULTIPLE DEBTORS
If you assert claims against more than one of the Debtors, you must file a separate Proof of Claim Form against each applicable Debtor. If you file a single Proof of Claim Form which asserts claims against more than one Debtor, your Proof of Claim Form will be deemed to have been filed against the first Debtor identified only. All additional identified Debtors will be disregarded.
Click here for a list of each of the Debtor's bankruptcy case numbers and certain of their current and former business and legal names.
EFFECT OF NOT FILING A CLAIM
If you are required to file a Proof of Claim Form and do not do so on or before the General Claims Bar Date of 4:00 p.m., prevailing Pacific time, April 15, 2002, you will be forever barred, estopped, and enjoined from asserting such claim against any of the Debtors and such Debtors and their property will be forever discharged from any and all indebtedness or liability with respect to such claim, and you will not be permitted to vote on any plan of reorganization or participate in any distribution in such Debtor's chapter 11 case on account of such claim or to receive further notices regarding such claim.
YOU MAY WISH TO CONSULT AN ATTORNEY REGARDING WHETHER YOU HAVE CLAIMS AGAINST ONE OR MORE OF THE DEBTORS, THE GENERAL CLAIMS BAR DATE AND WHETHER YOU SHOULD FILE A PROOF OF CLAIM FORM.