Case 17-31795 Doc 1661 Filed 03/19/21 Entered 03/19/21 08:18:09 Desc Main

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FILED & JUDGMENT ENTERED

Steven T. Salata

March 19 2021

Clerk, U.S. Bankruptcy Court

Western District of North Carolina
_____________________________
Laura T. Beyer
United States Bankruptcy Judge

UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

In re Chapter 11

BESTWALL LLC,1 Case No. 17-31795 (LTB)

Debtor.

ORDER DENYING MOTION OF THE

OFFICIAL COMMITTEE OF ASBESTOS CLAIMANTS TO FIX THE SCOPE
OF THE LOOK-BACK PERIOD FOR ESTIMATION OF THE DEBTOR’S
ASBESTOS LIABILITIES TO FIVE YEARS PRIOR TO THE PETITION DATE

This matter coming before the Court on the Motion of the Official Committee of

Asbestos Claimants to Fix the Scope of the Look-Back Period for Estimation of the Debtor’s

Asbestos Liabilities to Five Years Prior to the Petition Date [Dkt. 1450] (the “Motion”), filed by

the Official Committee of Asbestos Personal Injury Claimants appointed in this chapter 11 case

(the “Committee”); the Court having reviewed (a) the Motion, (b) a joinder to the Motion

[Dkt. 1504] filed by Sander L. Esserman as the legal representative of future asbestos personal

1
The last four digits of the Debtor’s taxpayer identification number are 5815. The Debtor’s address is
133 Peachtree Street, N.E., Atlanta, Georgia 30303.

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injury claimants appointed in this chapter 11 case (the “FCR”), (c) an objection to the Motion

and a supplement to the objection [Dkts. 1551, 1564] (together, the “Objection”) filed by

Bestwall LLC, the debtor and debtor in possession in this chapter 11 case (the “Debtor”),

(d) a joinder to the Objection filed by Georgia-Pacific LLC [Dkt. 1553], (e) a reply in support of

the Motion filed by the Committee [Dkt. 1573] and (f) post-hearing briefs filed by the FCR,

the Committee and the Debtor [Dkts. 1613, 1614, 1615]; the Court having considered

the evidence adduced with respect to the Motion and the statements of counsel at a hearing

before the Court held on January 22, 2021 (the “January Hearing”); the Court having issued an

oral ruling with respect to the Motion at a hearing on March 4, 2021 (the “March Hearing”),

which ruling is incorporated herein; the Court having found that (a) the Court has jurisdiction

over this matter pursuant to 28 U.S.C. §§ 157 and 1334, (b) venue is proper in this district

pursuant to 28 U.S.C. §§ 1408 and 1409, (c) this is a core proceeding pursuant to 28 U.S.C.

§ 157(b) and (d) notice of the Motion, the January Hearing and the March Hearing was sufficient

under the circumstances;

For the reasons stated by the Court on the record at the March Hearing, IT IS

HEREBY ORDERED THAT:

1. The Motion is DENIED without prejudice.

2. This Court shall retain jurisdiction over any and all matters arising from or

related to the implementation, interpretation or enforcement of this Order.

This Order has been signed electronically. United States Bankruptcy Court
The Judge’s signature and Court’s seal
appear at the top of the Order.

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