holders of that part of each claim asserted by the covered member-creditors listed in the Rule 2019 statements. The Health Plans also have reimbursement rights against plan members who are compensated by tortfeasors for their injuries in suit, from trusts, or otherwise. 6.
The Movants seek access to the public records filed with the Court, but not made available on the electronic docket. The Movants want to determine the full extent of their subrogation and reimbursement rights as to asbestos-related personal-injury claims brought against the Debtor.
Rule 2019 of the Bankruptcy Code requires an entity, other than a committee appointed by a bankruptcy court, to file a verified statement with the court identifying, among other things, the creditor or creditors represented.
This Court has entered an Order requiring any entity representing more than one creditor to file a Rule 2019 Statement.
Pursuant to that Order, Rule 2019 Statements filed on behalf of asbestos claimants must include an attached Excel spreadsheet listing each claimant’s name, home address, partial social security number, and disease type.
This exhibit is filed with the clerk in electronic form on compact disc.
The Court’s electronic docket records the date of the filing, along with an indication that the exhibits are available to “those who obtain a Court order authorizing access.”
While the Movants can obtain claimant names from the Schedule F filed at the commencement of the case, there is no other identifying information associated with such claimants. For example, the address listed in Schedule F is that of the claimant’s law firm, not the residential address of the claimant. Also, individuals whose claims arose after the Schedule F was filed would not be listed.
P. 2019(a). Rule 2019 has recently been amended to relax the requirement to disclose passive representation. See amended Fed. R. Bankr. P. 2019(a) (eff. Dec. 1, 2011). However, such amendment is irrelevant to this motion, as the events at issue took place under the prior version of Rule 2019. See, e.g.
In re Motions for Access of Garlock Sealing Technologies LLC, 488 B.R. 281, 299 (D. Del. 2013).
Garlock 2019 Order, at pp. 2-4.
., p. 2.
Case 10-31607 Doc 3350 Filed 02/19/14 Entered 02/19/14 09:27:16 Desc Main Document Page 3 of 16