Federal-Mogul’s transatlantic tangle

An immensely complex cross-border insolvency is being worked out in US and UK courts. It pits a US billionaire investor against nearly 40,000 UK pension scheme members, UK insolvency procedures against the US's Chapter 11, and one legal system against the other. It could have long-term implications for any distressed debt investor that makes transatlantic investments. Mark Brown reports.

NEARLY THREE-QUARTERS of a million asbestos claims have been filed in US state and federal courts. About 100,000 were filed in 2003 alone, though as many as half of all new claimants have yet to suffer significant illness as a result of exposure to asbestos.

Lobbying group Asbestos Alliance says claims and costs have bankrupted more than 70 US companies. The total costs of settlements could reach $265 billion.

One case, which is winding its way through the English High Court in London and the US Bankruptcy Court in Delaware, shows what happens when the labyrinthine complexities of asbestos litigation combine with clashes of bankruptcy law and procedure.

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