Legal Opinion
Waterman Steamship Corp. v. Aguiar (In Re Waterman Steamship Corp.)
United States Bankruptcy Court, S.D. New York
Decided June 10, 1992No. 18-36981PublishedCited by 23 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON 11 U.S.C. 1141(d)(1)(A) and F.R.Bkrtcy.P. 4007
FRANCIS G. CONRAD, Bankruptcy Judge. *
The issue before us 1 is whether former employees who were exposed to asbestos pre-petition have dischargeable claims. If “claim,” as defined in § 101(5) of Title 11, includes assertions by those who have been exposed to asbestos, but have not yet manifested a diagnosable disease, there is jurisdiction to deal with these claims. If not, the claims exist outside the bankruptcy case and are not directly affected by the reorganization.
Former Waterman employees (“Asbestosis Claimants”)…
2Cases cited29 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
24 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Rose Ana Forbes Lemelle, Rose Ana Forbes Lemelle v. Universal Mfg. Corp., Universal Mfg. Corp., Werts Novelty Co., Inc., Usf & GCourt of Appeals for the Fifth Circuit · 1994
- Texaco Inc. v. Sanders (In Re Texaco Inc.)United States Bankruptcy Court, S.D. New York · 1995
- In Re EpsteinCourt of Appeals for the Eleventh Circuit · 1995
- In Re Piper Aircraft Corp.United States Bankruptcy Court, S.D. Florida. · 1994
- Fairchild Aircraft Inc. v. Cambell (In Re Fairchild Aircraft Inc.)United States Bankruptcy Court, W.D. Texas · 1995
18 more not listed; retrieve them via the Exa API.