Amicus Briefs
In re: RML, LLC
2d Cir. No. 25-263
May 27, 2025Brief of the American Association for Justice in Support of Appellants and Reversal
Issues: (1) Whether 11 U.S.C. § 524(g), the only provision of the Bankruptcy Code that authorizes the release of future asbestos-related claims, supplies the exclusive statutory mechanism for a debtor to discharge known future asbestos liabilities through a chapter 11 bankruptcy reorganization;
(2) Whether due process requires debtors in a chapter 11 bankruptcy reorganization to take separate measures beyond those set out in the general discharge provisions to protect the rights of future asbestos claimants-such as creating a trust with funding for future claimants and appointing a future claims representative for the debtor to discharge future asbestos liability;
(3) Whether the notice provided by Revlon provided asbestos-tale claimants whose diseases had not manifested before the Plan took effect with sufficient due process to make the discharge of their claims effective in a Chapter 11 bankruptcy reorganization.
Full Citation: Brief for American Association for Justice as Amicus Curiae Supporting Appellants, In re: RML, LLC, No. 25-263 (2d Cir. May 27, 2025).
