Judge: Notice, Lack Of Excusable Neglect Doom Timber Claim Against W.R. Grace

Mealey's (January 3, 2017, 1:13 PM EST) -- WILMINGTON, Del. — A timber company cannot pursue a claim against former Chapter 11 debtor W.R. Grace & Co. that the company’s land was contaminated with asbestos from W.R. Grace’s mining operations near Libby, Mont., because the company received proper notice of the bankruptcy bar date for property damage claims and was aware that it had a potential claim, regardless of whether it was scientifically certain that its timber was contaminated, a Delaware federal bankruptcy judge held Dec. 28 (In re:  W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.; 2016 Bankr. LEXIS 4478)....