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The Kaiser Aluminum & Chemical Corporation Silica Personal Injury Trust
(the "Silica PI Trust" or the "Trust") was
established on July 6, 2006 pursuant to the Second Amended Joint Plan of
Reorganization of Kaiser Aluminum Corporation, Kaiser Aluminum & Chemical
Corporation and Certain of their Debtor Affiliates, as modified (the "Plan"),
pursuant to Section 1121(a) of Title 11 of the United States Code (the "Bankruptcy
Code") in the jointly administered Chapter 11 Case of Kaiser Aluminum
Corporation, Kaiser Aluminum & Chemical Corporation and such Affiliates
(the "Bankruptcy Case"), Case No.
02-10429 (JKF) in the United States Bankruptcy Court for the District of
Delaware (the "Bankruptcy Court").
The Plan was confirmed by an order of the Bankruptcy Court entered on
February 6, 2006, and affirmed by an order of the United States District
Court for the District of Delaware entered on May 11, 2006.
The sole trustee of the Trust is Anne M. Ferazzi, and the Trust Advisor is Bryan
Blevins of the Provost Umphrey Law Firm, L.L.P. General
Counsel to the Trust is Haynes and Boone, LLP. The Trust was formed to (a)
assume the liabilities of the Reorganized Debtors and their
predecessors and successors in interest for all Silica Personal Injury Claims,
(b) preserve, hold, manage and maximize the Silica PI Trust Assets for use in
paying and otherwise satisfying Silica Personal Injury Claims and paying the
Trust Expenses of the Silica PI Trust, and (c) direct the processing,
liquidation and payment of all Silica Personal Injury Claims in accordance with
the Silica Distribution Procedures (all capitalized terms used but not
otherwise defined herein have the meanings ascribed to them in the Plan).
The Trust is accepting claim filings effective May 1, 2007, for Silica Personal
Injury Claims for which a timely proof of claim was filed in the Bankruptcy
Case. The Bankruptcy Court entered
an order on October 29, 2002 setting January 31, 2003 (the "Silica
Bar Date") as the last date by which holders of certain claims, including
all Silica Personal Injury Claims, could file proofs of claim in the Bankruptcy
Case. No Silica Personal Injury Claim which arose (by prior diagnosis)
prior to the Silica Bar Date is eligible for allowance and payment by the Trust
unless a timely proof of claim was filed for such claim in the Bankruptcy Case. Silica
Personal Injury Claims which arose after the Silica Bar Date may be submitted
to the Trust with the payment of a $100.00 filing fee for Type 1 or a $200.00
filing fee for Type 2 claims (see the Silica Distribution Procedures for a
description of the types of claims, medical and exposure criteria, claims
values and other matters). The
filing fee will be refunded for allowed claims but will not be refunded for
disallowed claims, including those determined to have arisen prior to the
Silica Bar Date for which a timely proof of claim was not filed in the
Bankruptcy Case. The Trustee has established an initial payment percentage for the Trust of 50%.
Claims are being processed for the Trust by Trust Services, Inc., P.O. Box 1299, Greenville, TX, 75403-1299.
The Claim Form is enclosed with this letter and is available from Trust Services, Inc. and will be
available at www.kaisersilicatrust.com. Claims
may be filed electronically. Contact Randy Cantrell at (903) 453-0157 or
Joyce Rutter at (903) 453-2160 ext. 176 at Trust
Services, Inc. for law firm registration, training or further information on
claim submission.
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