Korean Claimants v. Dow Silicones Corporation, et al.

This case presents a question that the Closing Orders for Dow Corning breast implant Settlement Facility and its Program, issued by the District Court and affirmed by the Sixth Circuit, and the Respondent’s Motion to terminate funding and to terminate the Settlement Facility without a proper notice to the foreign claimants including the Korean claimants is such constitutional that those were not a violation of due process. The foreign claimants including the Korean claimants have not received any notice of the Closing Orders when each Order was issued and further did not receive a notice of status of their claims when the Order granting the Motion to Terminate was issued. Whether the District Court can approve the bankruptcy chapter 11 debtor, Dow Corning Corporation’s Motion to terminate funding and to terminate the Settlement Facility without paying to the Korean claimants without proper notice is a question. This case presents a question that when the foreign claimants participated in a United States class action, the class action was developed into a chapter 11 bankruptcy, and the foreign claimants decided to participate into the settlement program under the Reorganization Plan, the foreign claimants must follow the address update and confirmation requirement which was never provisioned in the Plan documents but established by the District Court’ Orders regarding their address update and confirmation requirement pursuant to the debtor’s mere request. The Korean claimants rather followed the address update and confirmation requirement and submitted their address updates but the Settlement Facility denied them in accordance with its internal rules. The postal service of