ASBESTOS LITIGATION: Babcock To Revise Its Disclosure Statement --------------------------------------------------------------- Published April 25, 2003 The lawyers party to the bankruptcy case of Babcock & Wilcox Co. said the company will revise the Chapter 11 disclosure statement to address objections. Another hearing on the disclosure statement is set for May 8, and according to Gay Mayeux, a spokeswoman for the parent company of the boiler maker, McDermott International Inc. (MDR), Babcock & Wilcox is hopeful the bankruptcy court will set a confirmation hearing for its Chapter 11 plan after the said hearing. She further declared that no major changes will be made to the plan. Some of the objections to the disclosure statement related to qualification of people to vote on the company's reorganization plan and claims of those who haven't provided adequate information. Attorneys on the case said the court wants Babcock & Wilcox to submit an amended disclosure statement, addressing the various objections, by May 5. A disclosure statement sets out how a company under bankruptcy protection plans to pay off creditors and is generally filed in conjunction with a Chapter 11 reorganization plan. The company's disclosure statement faced limited objections from an unofficial committee of certain asbestos claimants, as well as Texaco Marine Services Inc. and Atlantic Richfield Co. at a hearing in U.S. Bankruptcy Court in New Orleans. In its objection filed with the court, the committee of asbestos claimants said the voting procedures in the disclosure statement allow people who made claims after the bar dates to vote on the reorganization plan and doesn't disqualify claims that don't provide sufficient information. Babcock & Wilcox has said up to 75% of the 221,000 asbestos claims it has received don't supply proper medical or work history information. Allowing such claims to have votes on the company's plan "severely impinges on the rights of those with legitimate claims against the debtor," the objection said. In separate objections, Texaco Marine Services, which owned and operated ships containing Babcock & Wilcox boilers, and Atlantic Richfield, objected to their treatment under the proposed plan. McDermott International said in December it reached a settlement with the representatives of two asbestos-related claimant groups in the Babcock & Wilcox case. Under the settlement, McDermott International agreed to put 4.75 million shares of its stock and $92,000,000 in unsecured promissory notes into a trust for the benefit of asbestos- related personal injury claimants. ----------------------------------------------------------- LitigationDataSource.com