Individuals who have asserted claims against National Service Industries, Inc. (“NSI”) and/or North Brothers, Inc. who believe they are suffering from an asbestos injury resulting from exposure to asbestos containing products marketed and sold by NSI subsidiary North Brothers, Inc. must file a proof of claim no later than 5/31/2021 with the United States Bankruptcy Court for the District of Delaware in connection with the case of NSI, Case No.: 12-12057-MFW, in order for that claim to be considered for payment out of the NSI chapter 7 estate (Guidelines for Filing Documents). In addition, all parties who previously filed a proof of claim related to an asbestos injury in the NSI chapter 7 bankruptcy case must submit additional information for their claim to be evaluated and considered (Guidelines for Filing Documents).
Charles M. Forman, chapter 7 bankruptcy trustee for NSI has obtained court approval of procedures to be followed by individuals asserting asbestos injury claims in the NSI bankruptcy case. These procedures are designed to enable the chapter 7 trustee to evaluate the asbestos injury claims on an impartial basis to establish an allowed amount for each claim. The instructions and ability to submit the information required is within this website. The claim values are as follows:
Once all the asbestos claims have been assigned a value, the chapter 7 trustee will file his final report in the bankruptcy case. After the Bankruptcy Court approves the final report filed by the Trustee, the Trustee will distribute payment to all allowed claim holders on a pro-rata basis out of the funds on hand, based on the allowed amount of each claim.
Per the Order Extending Certain Deadlines in Revised NSI Asbestos Claims Procedures entered on April 14, 2021, the Trustee is authorized to grant, in his discretion, up to two (2) extensions of not more than thirty (30) days after the May 31, 2021 Claim Deadline for the filing of asbestos claim forms and related documents under Section 5 of the Procedures.
EXTENSIONS WILL NOT BE GRANTED FOR FILING PROOFS OF CLAIMS, WHICH ARE BEING FILED WITH PRIME CLERK. ALL PROOFS OF CLAIMS MUST BE FILED BY MAY 31, 2021.
Extension requests must be in writing and submitted prior to May 31, 2021. Please include the reason for needing more time and either a list of incomplete claimants or a description of the status categories (i.e., new, submitted, etc.) of claims that are covered under your request. All extension requests must be directed to the trustee’s office with attention to Jordan DeFlora at jdeflora@formanlaw.com with a copy to Jennifer Holgado at jholgado@paceclaims.com.
Copies of the court orders, approved procedures, and frequently asked questions (FAQs) relating to this process can be located here.