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9 Plaintiff, :
10 v. :
13 Defendants. :
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15 TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE LAURA TURNER BEYER,
16 UNITED STATES BANKRUPTCY JUDGE
17 APPEARANCES:
1 APPEARANCES (continued):
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1 APPEARANCES (continued):
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APPEARANCES (via telephone):
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SANDER L. ESSERMAN
10 Future Claimants' Representative
2323 Bryan Street, Suite 2200
11 Dallas, TX 75201-2689
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1 P R O C E E D I N G S
12 be calling in.
13 Let me also say you all tend to bring bad weather with
14 you. It's a little warm today and the chillers are broken
20 you can come gather it after the hearing's over, but you can
10 here with you and have you all announce your appearances and
15 Sharon Zieg from Young Conaway, Felton Parrish from Hull &
8 the Court aware that we were now affiliated with a new law
9 firm.
23 Honor.
10 to list off your names and if you would, just confirm you're on
11 the line:
12 Craig Zimmerman?
17 Deirdre Pacheco?
23 Ray Harris?
5 response).
6 Brad Erens?
12 Thank you.
15 present as well.
18 Thank you.
22 (No response)
25 (No response)
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5 was sort of an yeoman's job that you all did getting all of
9 I'll start much the same way that I ended that day by,
13 cases you've cited, and I've studied the transcript from the
14 hearing and having done all that, I've concluded that I must
18 against nondebtors.
2 I'll also note for the records that the parties, for
10 as a bad faith filing the movant must prove, first, that the
24 rehabilitation."
7 of whether this case was filed in subjective bad faith and deny
10 debtor's lack of good faith, but for the reasons stated I don't
14 on the one hand, how the debtor got here and the filing of this
16 other hand, I'm not sure it's what Congress had in mind when it
25 possibility exists.
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14 through 524(g).
20 conclude at this point that Bestwall does not have the ability
2 as required by 524(g).
20 previously noted.
1 agreement because you don't know what you don't know and while
20 Mr. Kazan.
2 with mesothelioma, it was one year ago this week that I lost a
9 argue it can be done more efficiently and with less cost, but
11 this case, control where this case goes from here and how
8 Atlanta.
2 Keeping the case in this District will avoid the expense and
4 Georgia, especially now that the case has been pending in this
6 with the case and the fact that the debtor says it stands ready
18 November 9th.
8 524(g).
24 that all parties bear that in mind as this case moves forward.
4 jurisdiction. The fact that counsel for the Committee and the
19 of the parties.
1 Parties.
8 on August 15, 2018, that's what the Committee did. And the
10 the injunction and that's the matter that's before the Court
11 today.
6 Parties.
11 effect on the estate, but that argument ignores the fact that
15 would deplete the assets the debtor has available to fund the
5 products, the same exposures, the same conduct, and the same
6 diseases because they all derive from Old GP. To permit the
25 Committee has not cited any law, any case law, that it would
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11 so choose.
21 does not apply in this case because, as the debtor argued, "The
24 chapter 11 case."
3 claims, yet they say the debtor suggests that the Texas
12 anything. It's for that reason and the other reasons argued by
15 conclude that compliance with the Texas statute and 524 are
3 injunction.
16 the Court and it's distinct from the issue of whether the
24 system.
9 attempt to hold New GP liable for claims against the debtor are
15 Carolin case.
20 mean.
1 November 9th.
6 automatic stay in any detail since the Court did not reach
8 counsel for New GP, the Committee, FCR and once you've
11 consideration.
19 response).
21 November 9th, Your Honor, which was that we had made an oral
25 you had already read the briefs that were filed pursuant to a
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2 appear at the hearing, but I don't believe that there has been
7 is preparing.
13 well.
19 We've got our monthly hearing dates and we will hear you next
23 response).
15 you know, you all can talk about that and upload a consent
16 order, if necessary.
20 you for, for the ruling and, and for the thoughtfulness that
21 the Court put into it. I hope I'm not out of order, but I did
6 the Court.
9 Thank you.
11 Anything further?
13 thoughtful ruling.
16 morning at 9:30.
17 Thank you.
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1 CERTIFICATE
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