You know something’s haywire when a Catch-22 enters a courtroom, and plaintiffs start acting like defendants, and vice versa. So it goes these days in the Garlock bankruptcy proceedings. There, various asbestos defendants and a defense friendly media group (Legal Newsline) are trying to unseal documents admitted during trial and relied on by the trial

LAW360 (paywall) published a memorial to Bankruptcy Judge Burton R. Lifland by some prominent bankruptcy lawyers. Among many other things, Judge Lifland handled the Manville asbestos bankruptcy. The following excerpt is especially interesting in hindsight: 


Law360, New York (February 19, 2014, 12:37 PM ET) — 
On Feb. 20, the legal community, and

2013 finds asbestos bankruptcies back in the news. 

For openers, 2013 has included two new asbestos bankruptcies. Second, after education by the US Chamber of Commerce and others, some states have passed new legislation specific to bankruptcy trusts, and other states are considering similar legislation. The plaintiff’s bar is not happy about the legislative effort

A continuing problem in the mass tort world is the lack of efficient intersections between tort system claiming and claiming against bankruptcy or chapter 11 trusts created to pay claims through an administrative process. One key problem is that plaintiff’s can delay claiming against trusts, thus thwarting the tort system rule against splitting claims. This