[co-author: Madeline Mallo]
In a recent decision, the United States District Court for the Southern District of New York upheld a bankruptcy court order that enjoined a plaintiff holding an asbestos claim from pursuing a state court products liability claim against the successor to Manville Forest Products Corporate (“MFP”). Notably, the Court reaffirmed that a claim relating to prepetition exposure to asbestos is a prepetition claim, even though the injury may not have manifested itself until after the petition date. Rather than being entitled to pursue her claim against MFP’s successor, the plaintiff was relegated to asserting a claim against the Manville Trust – the entity that was established more than 30 years ago to provide a source of recovery for injured persons.