The U.S. Bankruptcy Court for the Western District of North Carolina has authorized DBMP LLC (“DBMP” or the “Debtor”), a successor in interest to the former CertainTeed Corporation (“CertainTeed”), to issue this Personal Injury Questionnaire (“Questionnaire”) to every person who (a) holds a mesothelioma claim against the Debtor, (b) asserted a mesothelioma claim against the Debtor or its predecessors (including CertainTeed) prior to January 23, 2020, and (c) files a proof of claim in this bankruptcy case (each a “Pending Mesothelioma Claimant” or “claimant,” holding a “Pending Mesothelioma Claim”). Only Pending Mesothelioma Claimants who submit proofs of claim in this bankruptcy case are required to answer the Questionnaire. Such Pending Mesothelioma Claims arose, in whole or in part, from alleged exposure to asbestos-containing products that were sold by the Debtor or its predecessors (including CertainTeed) at various times through 1993, specifically the following products:
The Debtor is pursuing reorganization in a Chapter 11 case in the Bankruptcy Court, referred to as In re DBMP LLC, Case No. 20-30080 (Bankr. W.D.N.C.). The Bankruptcy Court has required all Pending Mesothelioma Claimants to complete this Questionnaire.
The purpose of this form is to obtain complete and up-to-date information about each Pending Mesothelioma Claim with respect to the topics noted below. If you have a Pending Mesothelioma Claim, you must provide accurate, complete, and timely responses to this Questionnaire.
All information provided in response to this Questionnaire will be treated as confidential. The uses and further disclosure of such information in this bankruptcy case shall be restricted in accordance with the Order (I) Establishing a Bar Date for Pending Mesothelioma Claims, (II) Approving Proof of Claim Form, (III) Approving Notice to Claimants, and (IV) Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants (the “Bar Date/Questionnaire Order”), dated June 7, 2022. The use of this information is expressly limited to this bankruptcy case. A copy of that Order [Dkt. No. 1461] is provided below.
If you have a Pending Mesothelioma Claim against DBMP, you are directed to complete and submit this Questionnaire on or before November 30, 2022. Please note that this Questionnaire is different from the proof of claim submitted in this bankruptcy case and must be sent to a different electronic portal or address.
For purposes of the Questionnaire, “Pending Mesothelioma Claimant” is defined as every person who (a) holds a mesothelioma claim against the Debtor, (b) asserted a mesothelioma claim against the Debtor or its predecessors (including CertainTeed) prior to January 23, 2020, and (c) files a proof of claim in this bankruptcy case. Each Pending Mesothelioma Claimant holds a Pending Mesothelioma Claim. Such Pending Mesothelioma Claims arose, in whole or in part, from alleged exposure to asbestos-containing products that were sold by the Debtor or its predecessors (including CertainTeed) at various times through 1993.
What asbestos-containing products were sold by the Debtor or its predecessors (including CertainTeed)?Claimants or their counsel may complete and submit the Questionnaire through this electronic Portal. The Portal offers two separate options to complete and submit the Questionnaire.
First, claimants or their counsel may download a copy of the blank Questionnaire and the accompanying instructions and complete the Questionnaire offline. The Questionnaire downloadable through this Portal is a fillable PDF where claimants or their counsel may type answers to the questions; alternatively, claimants or their counsel may write in answers. Claimants or their counsel may then upload the completed Questionnaire to the Portal and submit it electronically, along with the additional documents that must be provided with the Questionnaire response.
Second, claimants or their counsel may complete the Questionnaire by following the guided prompts on the Portal and typing responses. A claimant or counsel inputs information according to the Portal’s guided prompts, and the Portal then generates a completed Questionnaire based on the information provided. Claimants or counsel subsequently review the completed Questionnaire and submit it electronically, along with the additional documents that must be provided with the Questionnaire response.
If a claimant chooses to complete and submit a hard copy of the Questionnaire, the claimant should send the completed Questionnaire, along with the additional documents that must be provided with the Questionnaire response, postmarked no later than November 30, 2022, addressed as follows:
Donlin, Recano & Company, Inc.
Re: DBMP LLC
P.O. Box 2053
New York, NY 10272-2042
Donlin, Recano & Company, Inc.
C/O Equiniti
Re: DBMP LLC
48 Wall Street, 22nd Floor
New York, NY 10005