Frequently Asked Questions

 Introduction:

    On October 5, 2000, Owens Corning and seventeen of its subsidiaries filed for protection under Chapter 11 of the United States Bankruptcy Code, in the United States Bankruptcy Court in Wilmington, Delaware.  Click here for a list of Debtors and certain of their current and former business and legal names.

    A deadline, or “bar date,” has been established for the filing of certain claims against one or more of the Debtors.  This 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.  No deadlines have been established for the filing of asbestos-related personal injury or asbestos-related wrongful death claims.  Asbestos-related personal injury and asbestos-related wrongful death claims will be subject to a separate claim submission process and should not be filed at this time.  

    Bar date notice materials were mailed in January, 2002 to all persons or entities that, based on the Debtors’ records, may have claims, other than asbestos-related personal injury claims or asbestos-related wrongful death claims, against one or more of the Debtors. 


Questions:

1.  What is this about?

2.  Who are the Debtors?

3.   What is a bar date?

4.  Do I need to submit a Proof of Claim Form?

5.  What happens if I don't file a Proof of Claim Form?

6.  Where do I file my Proof of Claim Form?

7.  I am an Owens Corning employee.  Do I need to file a Proof of Claim Form?

8.  I am an Owens Corning retiree.  Do I need to file a Proof of Claim Form?

9.  What is "deferred compensation"?

10.  I receive Workers' Compensation benefits. What will happen to my benefits if I file a Proof of Claim Form?

11.  I receive Workers’ Compensation benefits; do I need to file a Proof of Claim Form?

12.  How do I receive a Proof of Claim Form and other bar date materials?

13.  My attorney has all of my information. Can he/she submit the form on my behalf?

14.  I can't get copies of the documents related to my claim by 4:00 p.m., prevailing Pacific time, April 15, 2002. What should I do?

15.  Will my claim be paid?  If so, when?

16Do I need a lawyer?

17.  I have a claim against more than one of the Debtors.  Do I need to file more than one Proof of Claim Form?

18.  I want to send in a Proof of Claim Form.  How do I know if it is received?

19.   I have other questions.  What should I do?

 

1. What is this about?

   On October 5, 2000, Owens Corning, CDC Corporation, Engineered Yarns America, Inc., Falcon Foam Corporation, Integrex, Fibreboard Corporation, Exterior Systems, Inc., Integrex Ventures LLC, Integrex Professional Services LLC, Integrex Supply Chain Solutions LLC, Integrex Testing Systems LLC, HOMExperts LLC, Jefferson Holdings, Inc., Owens-Corning Fiberglas Technology Inc., Owens-Corning HT, Inc., Owens-Corning Overseas Holdings, Inc., Owens Corning Remodeling Systems, LLC and Soltech, Inc. voluntarily filed Chapter 11 petitions in the United States Bankruptcy Court in Wilmington, Delaware.

    A deadline, or “bar date”, has been established for the filing of certain claims against one or more of the Debtors.  Click here for information on when and where to file a claim.

    This deadline is 4:00 p.m., prevailing Pacific time, April 15, 2002.  This deadline does not apply to asbestos-related personal injury or asbestos-related wrongful death claims.  Asbestos-related personal injury and asbestos-related wrongful death claims should not be filed at this time, 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.  All other claims, with limited exceptions, must be filed before 4:00 p.m., prevailing Pacific time, April 15, 2002.

    Click here for the definition of a "Claim."

    Bar date notice materials were mailed in January, 2002 to all persons or entities that, based on the Debtors’ records, may have claims, other than asbestos-related personal injury or asbestos-related wrongful death claims, against one or more of the Debtors. 

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2.  Who are the Debtors?

    The Debtors are Owens Corning, CDC Corporation, Engineered Yarns America, Inc., Falcon Foam Corporation, Integrex, Fibreboard Corporation, Exterior Systems, Inc., Integrex Ventures LLC, Integrex Professional Services LLC, Integrex Supply Chain Solutions LLC, Integrex Testing Systems LLC, HOMExperts LLC, Jefferson Holdings, Inc., Owens-Corning Fiberglas Technology, Inc., Owens Corning HT, Inc., Owens-Corning Overseas Holdings, Inc., Owens Corning Remodeling Systems, LLC and Soltech, Inc.  Click here to obtain a list of certain of the Debtors’ current and former business and legal names.

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3.   What is a bar date?

    A “bar date” is the deadline by which you must file a Proof of Claim Form in order for your claim to be considered for payment and/or voting purposes.  The “bar date” in the Owens Corning cases is 4:00 p.m., prevailing Pacific time, April 15, 2002.

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4.  Do I need to submit a Proof of Claim Form?

    You should complete and submit a Proof of Claim Form if you have a claim, unless your claim is an asbestos-related personal injury claim, an asbestos-related wrongful death claim or another type of “excluded claim.”  Click here to obtain a list of "excluded claims."  

    You do not need to file a Proof of Claim Form if your claim has been properly listed on the Debtors' Amended Schedules and is not designated in the Amended Schedules as either "contingent", "unliquidated", "disputed", or "unknown".  You may obtain more information about the Debtors' Amended Schedules by requesting a Proof of Claim Form and other bar date materials.

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5.  What happens if I don't file a Proof of Claim Form?

    If you need to file a Proof of Claim Form but do not do so, your claim will not be entitled to payment and you will not be entitled to vote on any plan of reorganization proposed in the Debtors' bankruptcy cases.

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6.  Where do I file my Proof of Claim Form?

   Proof of Claim Forms should be filed with the Owens Corning Claims Agent at the following address: In re: Owens Corning, et al., c/o Robert L. Berger & Associates LLC, 16161 Ventura Blvd., PMB 517, Encino, CA 91436.  Proof of Claim Forms must be actually received by the Claims Agent before 4:00 p.m., prevailing Pacific time, on April 15, 2002.  Proof of Claim Forms submitted by electronic submission or by facsimile will not be accepted and will not be deemed filed.

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7. I am an Owens Corning employee.  Do I need to file a Proof of Claim Form?

    At the very beginning of their bankruptcy cases, the Debtors were authorized to pay employees all pre-petition wages, salaries and other benefits, and have done so.  If you are a current or former employee of one of the Debtors and nevertheless believe that you have a claim against a Debtor, whether for wages, salaries, benefits or otherwise, you should file a Proof of Claim Form by the General Claims Bar Date.

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8. I am an Owens Corning retiree.  Do I need to file a Proof of Claim Form?

    At the very beginning of their bankruptcy cases, the Debtors were authorized to pay their retirees' retirement benefits (including deferred compensation, pension and medical benefits), and have done so.  If you are a retiree of one of the Debtors and nevertheless believe that you have a claim against a Debtor other than for retirement benefits, you should file a Proof of Claim Form by the General Claims Bar Date.

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9. What is "deferred compensation"?

    The term "deferred compensation" refers to wages or salary which a few employees of the Debtors elected to receive in a year other than the year in which such wages or salary was earned.  Each of the Debtors' deferred compensation arrangements is contained in individual agreements with affected employees.

    The term "deferred compensation" does not include or relate to claims for contributions to the Debtors' retirement plans, such as the Debtors' 401(k) plan or pension plan.

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10. I receive Workers' Compensation benefits.  What will happen to my benefits if I file a Proof of Claim Form?

   If you are a current or former employee of one or more of the Debtors who currently receives or has the right to receive benefits under a state-mandated workers’ compensation system, you will still be eligible for those benefits. You do not need to file a Proof of Claim Form related to those benefits.

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11.  I receive Workers’ Compensation benefits; do I need to file a Proof of Claim Form?

   Present or former employees of one or more of the Debtors who are currently receiving, currently have the right to receive, or may in the future have a right to elect to receive, benefits under a state-mandated workers’ compensation system are not required to file a Proof of Claim Form in order to preserve their right to receive such workers’ compensation benefits.

   However, any claims of such employees that may be asserted directly against one or more of the Debtors outside of state workers’ compensation system are subject to the General Claims Bar Date.   Any such employees who want to preserve their right, if any, to assert a claim directly against one or more of the Debtors outside of such state workers’ compensation system must file a Proof of Claim Form by 4:00 p.m., prevailing Pacific time, April 15, 2002 in order to preserve such claim(s).

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12. How do I receive a Proof of Claim Form and other bar date materials?

   In order to receive a Proof of Claim Form and other bar date materials, look in the left column of this website for Get a Proof of Claim Form, or call (866) 773-8653, and an operator will take your name and address and send you a Proof of Claim Form packet.

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13. My attorney has all of my information.  Can he/she submit the form on my behalf?

    If an attorney represents you, he or she may have the ability to submit your Proof of Claim Form on your behalf.  You should contact your attorney to make sure your Proof of Claim Form is fully and properly completed and is received by the Claims Agent by 4:00 p.m., prevailing Pacific time, April 15, 2002.

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14. I can't get copies of the documents related to my claim by 4:00 p.m., prevailing Pacific time, April 15, 2002.  What should I do?

These types of questions are best put to your attorney.

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15. Will my claim be paid?  If so, when?

    Before your claim can be paid, your Proof of Claim Form must be reviewed by the Debtors and reconciled with the Debtors’ books and records.  Separately, your claim cannot be paid until a Plan of Reorganization is approved for the Debtors' cases.  At this time, no plan of reorganization has been proposed and the percentage distribution, or amount, you will receive on your claim has not yet been determined.

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16.  Do I need a lawyer?

    You may choose to retain an attorney, however, you are not required to do so in order to file a Proof of Claim.

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17.  I have a claim against more than one of the Debtors.  Do I need to file more than one Proof of Claim Form?

    Yes.  If you assert claims against more than one Debtor, you must file a separate Proof of Claim Form for each Debtor against which you assert a claim.

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18.  I want to send in a Proof of Claim Form.  How do I know if it is received?

    You will receive written notification of receipt of your Proof of Claim Form and the claim number assigned to it.

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19.    I have other questions.  What should I do?

    If you have other questions, you should contact your attorney for assistance. 

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