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I. BANKRUPTCY
In order for a party to proceed in asbestos
cases after receiving notice of an
automatic stay against a bankrupt defendant, the party shall file a unified
Motion for
Severance in the Asbestos Court to sever all known causes of action or
claims brought
by or against such bankrupt defendant from all asbestos cases and transfer
such
causes of actions and claims into Cause Number 99-1814-C. After
all causes of action
or claims brought by or against such bankrupt defendant have been severed
and
transferred into Cause Number 99-1814-C, such party may proceed against
the
remaining defendants.
Upon
the release or discharge of the debtor/defendant from bankruptcy, an
asbestos party has ninety (90) days to advise the Asbestos Court that
such party wishes
to proceed against such debtor/defendant in the court from which the defendant
was
initially transferred. Failure of a party to advise the Asbestos
Judge of that party's
intent to proceed against such defendant within ninety (90) days after
such party
receives notice of such release or discharge will result in an automatic
dismissal for
want of prosecution of such party's causes of action and claims against
such
defendant.18
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