IN RE OWENS CORNING, (Bankr.D.Del. 2003)

Case No. 00-03837 (JKF), Jointly Administered Related to Docket No. 7406United States Bankruptcy Court, D. Delaware
April 9, 2003

ORDER CLARIFYING NOTICE PROCEDURES FOR ASBESTOS PERSONAL INJURY CLAIMANTS REGARDING DISCLOSURE STATEMENT HEARING
JUDITH K. FITZGERALD, United States Bankruptcy Judge

Upon the motion, dated March 25, 2003 (the “Motion),[1] of the above-captioned debtors and debtors-in-possession (collectively, the Debtors”), lot’ entry of an order, pursuant to section 105(a) of title 11 of the United States Code (the “Bankruptcy Code”), Rules 1001 and 2002 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and Local Rule 1001-1(c) of the United States Bankruptcy Court for the District of Delaware, clarifying notice procedures For asbestos personal injury claimants regarding disclosure statement hearing; and the Court having determined that the relief requested in the Motion is in the best interests of the Debtors, their estates, their creditors and other parties-in-interest; and upon the record herein; and after due deliberation thereon; and good and sufficient cause appearing therefor, it is hereby

ORDERED, ADJUDGED AND DECREED THAT

1. The Debtors shall give notice of the hearing on the adequacy of the Disclosure Statement With Respect to Joint Plan of Reorganization for Owens Corning and its Affiliated Debtors and Debtors-in-Possession (the “Disclosure Statement”), the manner in which parties can request copies of the Disclosure Statement and other documents and the deadline to object to the Disclosure Statement (the “Disclosure Statement Notice”), to claimants asserting asbestos-related personal injury and/or asbestos-related wrongful death claim (“Asbestos Claimants”) by (A) mailing the Disclosure Statement Notice to the attorneys for the Asbestos Claimants, based on the Debtors’ records, rather than to Asbestos Claimants directly; (B) mailing the Disclosure Statement Notice directly to (i) any Asbestos Claimant who has filed one or more proofs of claim in these cases, (ii) any Asbestos Claimant without an attorney, according to the Debtors’ records, and (iii) any Asbestos Claimant who has filed an entry of appearance in these cases; and (C) causing the Disclosure Statement Notice to be published in The New York Times, the Wall Street journal, USA Today and the Toledo Blade.

2. Notwithstanding anything to the contrary in paragraph one of this Order, the Debtors shall not be required to mail the Disclosure Statement Notice to any Asbestos Claimant or any other person (a) [or whom the Debtors do not have a reasonably complete address, or (b) to whom the Debtors mailed a prior notice in these cases which was returned by the United States Postal Service marked “undeliverable as addressed,” “moved — left no forwarding address’ or “forwarding order expired,” or similar reason, unless the Debtors have been informed in writing by such person of that persons new address.

3. Compliance by the Debtors with the notice procedure described herein shall satisfy the Debtors’ obligations under applicable law concerning mailing the Disclosure Statement Notice to Asbestos Claimants.

4. The Debtors are hereby authorized in take such steps and perform such acts as may be necessary or appropriate to implement the terms of this Order.

5. This Court shall retain jurisdiction to hear and determine all matters arising from or related to this Order. Dated: 2003