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Full title: Appellant Designation of Contents for Inclusion in Record and Statement of Issues on Appeal., Statement of Issues on Appeal, (RE: related document(s)1734 Notice of Appeal filed by Interested Party Sander Esserman) Filed by Felton Parrish on behalf of Sander Esserman. Transmission of Designation Due by 05/18/2021. (Parrish, Felton) (Entered: 05/04/2021)

Document posted on May 3, 2021 in the bankruptcy, 8 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Sander L. Esserman (the “Future Claimants’ Representative” or “Appellant”), as the Bankruptcy Court-appointed legal representative for the individuals who might assert asbestos-related personal injury demands, as defined in § 524(g)(5) of the Bankruptcy Code, against Bestwall LLC (“Bestwall”) after confirmation of a plan of reorganization in Bestwall’s chapter 11 bankruptcy case, hereby provides, pursuant to Rule 8009 of the Federal Rules of Bankruptcy Procedure and Rule 8006-1 of the Rules of Practice and Procedure of the United States Bankruptcy Court for the Western District of North Carolina, his (i) statement of issues to be presented on appeal and (ii) designation of the items to be included in the record on appeal, in connection with his appeal to the United States District Court for the Western District of North Carolina from the Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants and Governing the Confidentiality of Responses [Bankr.On April 20, 2021, the Future Claimant’s Representative filed his Joinder to the Motion of the Official Committee of Asbestos Claimants of Bestwall LLC for Leave to Appeal the PIQ Order [Bankr.1670] (the “FCR Joinder”) in which the Future Claimant’s Representative joined in the appeal of certain questions identified by the Official Committee of Asbestos Claimants of Bestwall LLC in its Memorandum of Law in Support of the Official Committee of Asbestsos Claimants of Bestwall LLC’s Motion for Leave to Appeal the PIQ Order [Bankr.Whether the Bankruptcy Court erred in concluding that Bankruptcy Rule 2004 and Federal Rule 45 (incorporated through Bankruptcy Rule 9016) authorizes written discovery.Whether the Bankruptcy Court erred in finding the Personal Injury Questionnaire was relevant discovery in a full pay case in connection with the estimation ordered by the Court.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION In re: Chapter 11 BESTWALL LLC, Case No. 17-31795 (LTB) Debtor. SANDER L. ESSERMAN, in his capacity as FUTURE CLAIMANTS’ REPRESENTATIVE, Appellant, Civ. A. No. 3:21-cv-00179 (RJC) v. BESTWALL LLC, Appellee. THE FUTURE CLAIMANTS’ REPRESENTATIVE’S STATEMENT OF ISSUES ON APPEAL AND DESIGNATION OF THE RECORD Sander L. Esserman (the “Future Claimants’ Representative” or “Appellant”), as the Bankruptcy Court-appointed legal representative for the individuals who might assert asbestos-related personal injury demands, as defined in § 524(g)(5) of the Bankruptcy Code, against Bestwall LLC (“Bestwall”) after confirmation of a plan of reorganization in Bestwall’s chapter 11 bankruptcy case, hereby provides, pursuant to Rule 8009 of the Federal Rules of Bankruptcy Procedure and Rule 8006-1 of the Rules of Practice and Procedure of the United States Bankruptcy Court for the Western District of North Carolina, his (i) statement of issues to be presented on appeal and (ii) designation of the items to be included in the record on appeal, in connection with his appeal to the United States District Court for the Western District of North Carolina from the Order Pursuant to Bankruptcy Rule 2004 Directing Submission of Personal Injury Questionnaires by Pending Mesothelioma Claimants and Governing the Confidentiality of

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Responses [Bankr. Case No. 17-31795; Dkt. No. 1670] entered on March 23, 2021 (the “PIQ Order”) by the United States Bankruptcy Court for the Western District of North Carolina. I. Statement of Issues on Appeal. On April 20, 2021, the Future Claimant’s Representative filed his Joinder to the Motion of the Official Committee of Asbestos Claimants of Bestwall LLC for Leave to Appeal the PIQ Order [Bankr. Case No. 17-31795; Dkt. No. 1670] (the “FCR Joinder”) in which the Future Claimant’s Representative joined in the appeal of certain questions identified by the Official Committee of Asbestos Claimants of Bestwall LLC in its Memorandum of Law in Support of the Official Committee of Asbestsos Claimants of Bestwall LLC’s Motion for Leave to Appeal the PIQ Order [Bankr. Case No. 17-31795; Dkt. No. 1708]. The questions identified in the FCR Joinder which are the subject of this appeal by the Future Claimant’s Representative are: 1. Whether the Bankruptcy Court erred in issuing the Personal Injury Questionnaire pursuant to Bankruptcy Rule 2004. 2. Whether the Bankruptcy Court erred in concluding that Bankruptcy Rule 2004 and Federal Rule 45 (incorporated through Bankruptcy Rule 9016) authorizes written discovery. 3. Whether the Bankruptcy Court erred in concluding that discovery conducted in connection with the estimation hearing, which is a contested matter, may be conducted pursuant to Bankruptcy Rule 2004. 4. Whether the Bankruptcy Court erred in concluding that the Debtor had satisfied its burden of demonstrating good cause for the discovery. 5. Whether the Bankruptcy Court erred in finding the Personal Injury Questionnaire was relevant discovery in a full pay case in connection with the estimation ordered by the Court.

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II. Designation of the Record on Appeal. The Future Claimants’ Representative hereby designates the following items to be included in the record on appeal, together with all exhibits, attachments, and documents incorporated by reference therein:
Table 1 on page 3. Back to List of Tables
Docket
No.
Docket
Entry Date
Docket Description
1. 1 11/2/2017 Voluntary Petition Under Chapter 11
2. 2 11/2/2017 Declaration of Tyler L. Woolson in Support of First Day
Pleadings
3. 12 11/2/2017 Informational Brief of Bestwall LLC
4. 1236 7/30/2020 Debtor’s Motion for Order Pursuant to Bankruptcy Rule
2004 Directing Submission of Personal Injury
Questionnaires by Pending Mesothelioma Claimants
5. 1246 7/31/2020 Debtor’s Notice of Technical Issues with Certain Exhibits to
Motion for Order Pursuant to Bankruptcy Rule 2004
Directing Submission of Personal Injury Questionnaires by
Pending Mesothelioma Claimants
6. 1270 8/12/2020 Joint Motion of the Future Claimants’ Representative and the
Official Committee of Asbestos Claimants to Continue
Hearing on (1) Debtor’s Motion for Order Pursuant To
Bankruptcy Rule 2004 Directing Submission Of Personal
Injury Questionnaires By Pending Mesothelioma Claimants
And (2) Debtor’s Motion For Bankruptcy Rule 2004
Examination Of Asbestos Trusts
7. 1326 9/4/2020 Objection of the Official Committee of Asbestos Claimants
to Debtor’s Motion for Order Pursuant to Rule 2004
Directing Submission of Personal Injury Questionnaires by
Pending Mesothelioma Claimants
8. 1329 9/4/2020 Buck Law Firm’s Clients’ Joinder to Objection Filed by the
Official Committee of Asbestos Claimants
9. 1331 9/4/2020 Objection of the Future Claimants’ Representative to
Debtor’s Motion for Order Pursuant to Bankruptcy Rule
2004 Directing Submission of Personal Injury
Questionnaires by Pending Mesothelioma Claimants

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Table 1 on page 4. Back to List of Tables
Docket
No.
Docket
Entry Date
Docket Description
10. 1333 9/4/2020 Joinder to Objection filed by the Official Committee of
Asbestos Claimants to Debtor’s Motion for Order Pursuant
to Bankruptcy Rule 2004 Directing Submission of Personal
Injury Questionnaires by Pending Mesothelioma Claimants
11. 1337 9/4/2020 Debtor’s Objection to the Joint Motion of the Future
Claimants’ Representative and the Official Committee of
Asbestos Claimants to Continue Hearing on (1) Debtor’s
Motion for an Order Pursuant to Bankruptcy Rule 2004
Directing Submission of Personal Injury Questionnaires by
Pending Mesothelioma Claimants and (2) Debtor’s Motion
for Bankruptcy Rule 2004 Examination of Asbestos Trusts
12. 1352 9/14/2020 Reply in Support of Debtor’s Motion for Order Pursuant to
Bankruptcy Rule 2004 Directing Submission of Personal
Injury Questionnaires by Pending Mesothelioma Claimants
13. 1419 10/5/2020 Transcript for Hearing/Trial Held on 9/23/2020
14. 1435 10/26/2020 Transcript for Hearing/Trial Held on 10/22/2020
15. 1507 12/11/2020 Buck Law Firm’s Clients’ Supplemental Objection to
Debtor’s Motion for an Order Pursuant to Rule 2004
Directing Submission of Personal Injury Questionnaires by
Pending Mesothelioma Claimants
16. 1509 12/11/2020 Supplement to the Objection of the Future Claimants’
Representative to Debtor’s Motion for Order Pursuant to
Bankruptcy Rule 2004 Directing Submission of Personal
Injury Questionnaires by Pending Mesothelioma Claimants
17. 1511 12/11/2020 Supplemental Brief and Objection of the Official Committee
of Asbestos Claimants to (I) Debtor’s Motion for Order
Pursuant to Bankruptcy Rule 2004 Directing Submission of
Personal Injury Questionnaires by Pending Mesothelioma
Claimants and (II) Debtor’s Motion for Bankruptcy Rule
2004 Examination of Asbestos Trusts
18. 1544 12/21/2020 Transcript for Hearing/Trial held on 12/17/2020
19. 1557 12/28/2020 Statement of Interest on Behalf of the United States of
America Regarding Estimation of Asbestos Claims

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Table 1 on page 5. Back to List of Tables
Docket
No.
Docket
Entry Date
Docket Description
20. 1565 1/8/2021 Debtor’s Omnibus Supplemental Reply in Support of (I)
Debtor’s Motion for Bankruptcy Rule 2004 Examination of
Asbestos Trusts and (II) Debtor’s Motion for Order Pursuant
to Bankruptcy Rule 2004 Directing Submission of Personal
Injury Questionnaires by Pending Mesothelioma Claimants
21. 1581 1/20/2021 The Official Committee of Asbestos Claimants Response to
United States Statement of Interest
22. 1613 1/29/2021 Supplement of the Future Claimants’ Representative
Regarding Due Process Issues
23. 1614 1/29/2021 The Official Committee of Asbestos Claimants’ Post-
Hearing Brief Regarding Estimated-Related Motions
24. 1615 1/29/2021 Debtor’s Supplemental Brief on Discovery and Limiting
Motions
25. 1618 2/1/2021 Transcript for Hearing/Trial held on 1/21/2021
26. 1619 2/1/2021 Transcript for Hearing/Trial held on 1/22/2021
27. 1647 3/5/2021 Transcript for Hearing/Trial held on 3/4/2021
28. 1670 3/23/2021 Order Pursuant to Bankruptcy Rule 2004 Directing
Submission of Personal Injury Questionnaires by Pending
Mesothelioma Claimants and Governing the Confidentiality
of Responses
29. 1706 4/6/2021 Committee’s Notice of Appeal to District Court
30. 1707 4/6/2021 Committee’s Motion for Leave to Appeal the PIQ Order
31. 1708 4/6/2021 Committee’s Memorandum of Law in Support of Motion for
Leave to Appeal the PIQ Order
32. 1709 4/6/2021 Affected Individuals’ Notice of Appeal to District Court
33. 1710 4/6/2021 Affected Individuals’ Joinder to Motion of the Official
Committee of Asbestos Claimants of Bestwall LLC For
Leave to Appeal the PIQ Order
34. 1713 4/6/2021 Affected Individuals’ Joinder to Motion of the Official
Committee of Asbestos Claimants of Bestwall LLC for Stay
Pending Appeal

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Table 1 on page 6. Back to List of Tables
Docket
No.
Docket
Entry Date
Docket Description
35. 1734 4/20/2021 Future Claimants’ Representative’s Notice of Appeal to
District Court
36. 1736 4/20/2021 Joinder of the Future Claimants’ Representative to the
Motion of the Official Committee of Asbestos Claimants for
Leave to Appeal the PIQ Order
III. Other Relevant Documents The Future Claimant’s Representative submits that the following documents are relevant to this Appeal and will provide the District Court with a better understanding of the issues on Appeal:
Table 2 on page 6. Back to List of Tables
Docket
No.
Docket
Entry Date
Docket Description
1. 875 6/19/2019 Motion of the Debtor for Estimation of Current and Future
Mesothelioma Claims
2. 913 8/5/2019 Agreed Order Establishing Briefing and Hearings Schedule
with Respect to Motion of the Debtor for Estimation of
Current and Future Mesothelioma Claims and Related
Motions
3. 936 8/16/2019 Future Claimants’ Representative’s Objection to Motion of
the Debtor for Estimation of Current and Future
Mesothelioma Claims
4. 937 8/16/2019 Objection of The Official Committee of Asbestos Claimants
to Motion of the Debtor for Estimation of Current and Future
Mesothelioma Claims
5. 939 8/16/2019 Informational Brief of The Official Committee of Asbestos
Claimants of Bestwall LLC
6. 944 8/19/2019 Appendix to Informational Brief of The Official Committee
of Asbestos Claimants of Bestwall LLC
7. 988 9/12/2019 Reply of Debtor in Support of Motion of the Debtor for
Estimation of Current and Future Mesothelioma Claims

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Table 1 on page 7. Back to List of Tables
Docket
No.
Docket
Entry Date
Docket Description
8. 990 9/12/2019 Georgia-Pacific LLC’s Statement in Support of Motion of
the Debtor for Estimation of Current and Future
Mesothelioma Claims
9. 1013 9/25/2019 Transcript for Hearing/Trial held on 9/19/2019
10. 1022 10/25/2019 Transcript for Hearing/Trial held on 10/23/2019
11. 1042 11/21/2019 Transcript for Hearing/Trial held on 11/20/2019
12. 1317 9/4/2020 Supplemental Appendix to Informational Brief of the
Official Committee of Asbestos Claimants of Bestwall LLC
13. 1577 1/19/2021 Order Authorizing Estimation of Current and Future
Mesothelioma Claims

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Dated: May 4, 2021 /s/ Felton E. Parrish Felton E. Parrish (NC Bar No. 25448) ALEXANDER RICKS PLLC 1420 E. 7th Street, Suite 100 Charlotte, NC 28204 Telephone: 704-365-3656 Facsimile: 704-365-3676 Email: felton.parrish@alexanderricks.com -and- James L. Patton, Jr. (Delaware Bar No. 2202) Edwin J. Harron (Delaware Bar No. 3396) Sharon M. Zieg (NC Bar No. 29536) Travis G. Buchanan (Delaware Bar No. 5595) YOUNG CONAWAY STARGATT & TAYLOR, LLP Rodney Square 1000 North King Street Wilmington, Delaware 19801 Telephone: (302) 571-6600 Facsimile: (302) 571-1253 Email: jpatton@ycst.com eharron@ycst.com szieg@ycst.com tbuchanan@ycst.com Counsel to the Future Claimants’ Representative

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