Notification to Claimants of Voting Rights, Deadlines and Hearing to Confirm Plan of Reorganisation in Chapter 11 Reorganisation of Federal-Mogul Corporation, T&N Limited, and Affiliated Companies
LONDON, August 10 -- Federal-Mogul Corporation has announced that the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") has approved the Disclosure Statement describing the Third Amended Joint Plan of Reorganization (the "Plan") for Federal-Mogul Corporation and certain of its US and UK affiliated companies (the "Debtors"). Approval of the Disclosure Statement and its related materials authorises the Debtors to begin soliciting votes from creditors and interest holders on the Plan.
The Bankruptcy Court has set 3 November 2004 at 9:00 p.m. (London time) as the deadline by which votes to accept or reject the Plan must be received. Anyone with claims against or interests in the Debtors, including asbestos personal injury or wrongful death claims, may vote on the Plan. Claimants are encouraged to read the Plan and Disclosure Statement carefully for details about how the Debtors' reorganisation may affect their rights. The Bankruptcy Court will consider whether to confirm the Plan at a hearing on 9 December 2004.
Key Parts of the Plan
The Plan provides for the payment of claims against and interests in the Debtors. The Plan further proposes a Trust to pay asbestos personal injury and wrongful death claims that relate to exposure to asbestos or asbestos-containing products manufactured, distributed, sold or possessed by any of the Debtors. If the Plan is confirmed, all asbestos personal injury and wrongful death claims will be permanently channeled to the Trust. Anyone with asbestos-related claims will then be forever barred from asserting their claims directly against any of the Debtors.
How to Vote on or Object to the Plan
The deadline to vote on the Plan is 3 November 2004 at 9:00 p.m. (London time). To be counted, a ballot voting on the Plan must be received by the Voting Agent by that date and time at the following address: Federal-Mogul Ballot Processing, c/o Corporate Mailing Matters, Clipper House, 32 Mastmaker Court, Mastmaker Road, London E14 9UB. The Plan may affect claimants' legal rights regardless of whether they vote on the Plan.
Federal-Mogul Corporation and T&N Limited are two of 157 affiliated companies in the Federal-Mogul reorganisation proceedings. One hundred thirty-four (134) of the companies are incorporated under the laws of the United Kingdom, and are parties to Administration proceedings in the United Kingdom. A vote to accept or reject the Plan will also be a proxy on certain matters in the United Kingdom Administration proceedings.
Any objections to the Plan must be submitted in writing and received by 3 November 2004 at 4:00 p.m. (US Eastern time) to be considered. Objections should be sent to the Clerk of the Bankruptcy Court, United States Bankruptcy Court for the District of Delaware, 824 Market Street, 3rd Floor, Wilmington, Delaware 19801 USA.
Asbestos Personal Injury and Wrongful Death Claims
Proof of an asbestos personal injury or wrongful death claim does not have to be filed with the Bankruptcy Court at this time. The Bankruptcy Court has established special procedures for holders of asbestos personal injury or wrongful death claims to vote on the Plan. Holders of asbestos personal injury or wrongful death claims should carefully review the Plan and Disclosure Statement to determine how to vote on the Plan.
The Hearing on the Plan
The Bankruptcy Court will hold a hearing to confirm the Plan on 9 December 2004 at 10:00 a.m. (US Eastern time) before the Honorable Raymond T. Lyons, United States Bankruptcy Judge, at the Clarkson S. Fisher U.S. Courthouse, 402 East State Street, Courtroom 4, Trenton, New Jersey 08608 USA. Claimants may attend the hearing, but are not required to do so.
Additional Information
A detailed notice describing the Plan, called the Disclosure Statement, together with a copy of the Plan itself and voting materials, called a Solicitation Package, is being mailed to known holders of claims against the Debtors or, in some cases, their lawyers.
Additional information (including copies of the Plan and Disclosure Statement) can be obtained by calling the Debtors' Voting Agent on 00800 4556 6464, by visiting the Federal-Mogul Reorganisation Website at http://www.fmoplan.com or by writing to: Federal-Mogul Ballot Processing, c/o Corporate Mailing Matters, Clipper House, 32 Mastmaker Court, Mastmaker Road, London E14 9UB. A complete list of the companies involved in the Debtors' reorganisation proceedings is also available at the website.
About Federal-Mogul
Federal-Mogul is a leading global supplier offering the most comprehensive portfolio of quality products, trusted brands and creative solutions to the automotive and other industries. The company utilizes its engineering and materials expertise, proprietary technology, manufacturing skill, distribution flexibility and marketing power to create value for its stakeholders and exceed customer expectations.
Headquartered in Southfield, Michigan, Federal-Mogul was founded in Detroit in 1899 and today employs more than 45,000 people in 29 countries. On 1 October 2001, Federal-Mogul decided to separate its asbestos liabilities from its true operating potential by voluntarily filing for financial restructuring under Chapter 11 of the Bankruptcy Code in the United States and commencing Administration proceedings in the United Kingdom. For more information on Federal-Mogul, visit the company's Website at http://www.federal-mogul.com.
Marie Remboulis of Federal-Mogul Corporation, +1-248-354-9809 (US), or Marie_Remboulis@fmo.com