On the recordNovember 13, 2013
To respond to the mischaracterization of this legislation as it is somehow imposing burdens on the victims of asbestos. In fact, it is quite the opposite. First of all, the information disclosed under the FACT Act is very basic and is less information than would be disclosed during the normal course of a State court lawsuit, in which many asbestos bankruptcy claimants pursue simultaneous claims, but they don't tell the bankruptcy courts about that, so these trusts need to tell them that. Secondly, the FACT Act includes strong privacy protections, including prohibiting the disclosure of confidential medical records and full Social Security numbers. To be clear, the FACT Act does not require asbestos trusts to require or to disclose asbestos victims' Social Security numbers. The FACT Act also leverages existing privacy protections in the Bankruptcy Code to give the presiding bankruptcy judge broad discretion to prevent the disclosure of information that would result in identity theft or in any other unlawful activity. Indeed, a judge with 29 years of bench experience testified before the Judiciary Committee that the FACT Act provides more protection in terms of the confidentiality of asbestos claimants' records than the legal system is able to do.…





