N.C. Federal Court Refuses to Review Order Allowing Bestwall Bankruptcy Case to Proceed

CHARLOTTE, N.C. — A North Carolina federal court has refused to allow the Official Committee of Asbestos Claimants to appeal a bankruptcy court’s non-final order denying dismissal of Bestwall LLC’s bankruptcy case after finding it was not objectively futile.

In a Nov. 7 order, the U.S. District Court for the Western District of North Carolina ruled that “if the Committee seriously wishes to challenge the Debtor's good faith and may be able to do so in a different context at plan confirmation, then it is not clear why Claimant Representatives' counsel have relentlessly attempted to circumvent the bankruptcy proceeding.”

Bestwall …