In re Fairbanks Co.

Paul W. Bonapfel, U.S. Bankruptcy Court Judge

A mass tort bankruptcy case involves two groups of tort claimants: present claimants (individuals who know they have been injured) and future claimants (individuals who do not know of their exposure or injury and, therefore, are unknown). A chapter 11 plan can deal with future claims through a so-called "channeling injunction" that prevents them from asserting their claims other than against a trust established under the plan, provided that certain requirements are met. 11 U.S.C. § 524(g).

Present claimants can protect their rights in a chapter 11…