Summary:
Truck Insurance Exchange, the primary insurer for companies facing asbestos-related lawsuits, objected to the reorganization plan proposed by Kaiser Gypsum Co. and Hanson Permanente Cement, which had filed for Chapter 11 bankruptcy. The plan created an Asbestos Personal Injury Trust under 11 U.S.C. §524(g) to handle all asbestos-related claims. Truck, responsible for defending and indemnifying up to $500,000 per claim, argued that the plan exposed it to fraudulent claims due to inadequate disclosure requirements for insured claims.
This Comment describes how bankruptcy courts operate and explores the effects of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) on indigent parties and also discusses the unique concerns surrounding pro se bankruptcy cases compared to other proceedings and points out the inequities that currently exist between trustees and debtors.
