Claimants submit forms to bankruptcy trusts identifying exposure to the bankrupt entity's products, supported by work history and medical documentation. Payment follows the trust distribution procedures at the applicable percentage.
The exposure showing required for trust payment is generally less demanding than tort proof.
Alternative Names:
Trust Claim, Asbestos Trust Submission
Why it Matters?
Trust filings are the most useful impeachment material available in asbestos defense, because a claimant frequently attributes exposure to a dozen bankrupt products in trust submissions while telling a jury the solvent defendant was the primary source. Several states have enacted transparency statutes requiring disclosure and in some cases requiring trust claims to be filed before trial, which prevents deferring submissions until after verdict.
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Frequently asked questions
Why do trust filings matter at trial?
Are claimants required to file trust claims before trial?
