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Refcode: #IPLSFC00886650
COMPAC USA INC., BANKR. CASE NO. 24-23372-CLC
U.S. BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA
To Keep Your Right To Compensation If You Have a Claim (as Defined in 11 U.S.C. § 101(5)) for Silicosis or Other Related Illnesses, You Must Submit A Claim By August 26, 2025, 5:00 p.m. (ET).
On December 21, 2024, a bankruptcy case, under Subchapter V of chapter 11 of the Bankruptcy Code, was filed by Compac USA Inc. f/k/a Compacstone USA, Inc. ("Company") in the U.S. Bankruptcy Court for the Southern District of Florida. Company sells stone surfaces to distributors, fabricators, and construction contractors primarily for fabrication. Company does not sell products to the general public.
Company has been sued by parties that allegedly were exposed to silica found in Company's products in the course of cutting or manipulating the products (the "Lawsuits"). Company is one of many defendants in the Lawsuits, and most defendants are much larger than Company. Company denies its products were the cause of any harm and believes it properly warned all parties of risks of manipulating the products without the disclosed safety precautions. No plaintiff has obtained a judgment against Company as of the date of this notice.
Given the allegations in the Lawsuits (which Company denies) that people have suffered from Silicosis or Other Related Illnesses in connection with Company's products, the Bankruptcy Court has decided in order to keep your right to compensation if you have a Claim (as Defined in 11 U.S.C. § 101(5)), you must submit a proof of claim by August 26, 2025, 5:00 p.m. (ET) (the "Claim Bar Date"). If you fail to submit a proof of claim on or before the Claim Bar Date you will be unable to vote on any chapter 11 plan proposed by Company, you will not receive a distribution from Company, and your Claim may be discharged without payment. A discharge will result in your Claim against Company arising from or related to Silicosis or Other Silicosis Related Illnesses being barred.
What are Company's Products? Company sells decorative surfaces, including marble and quartz slab surface coverings, under various product designs and names including: Arena™, Ceniza™, Plomo™, Luna™, Alaska™, Nocturno™, Moon™, Snow™, Glaciar™, Elegance Michelangelo™, Unique Venatino™, Unique Arabescato™, Carrara™, Absolute Blanc™, Luxury Borghini™, Unique Argento™, Unique Calacatta™, Unique Calacatta Black™, Unique Calacatta Gold™, Unique Calacatta Macchia Vecchia™, Nebulous Gold™, Ice Max Pure™, Ice Max Gold™, Ice Max Violaó, Ice Max Green™, Ice White™, Ice Black™, and Ice Max Black™.
What are Silicosis and Other Related Illnesses? Silicosis is a lung disease caused by the inhalation of respirable crystalline silica dust, typically through prolonged occupational exposure. The condition can result in inflammation/scarring of lung tissue, leading to symptoms such as shortness of breath, cough, fatigue, and, in advanced cases, respiratory failure. Even if your exposure was many years ago, this notice could affect you. Silicosis and Other Related Illnesses can occur decades after the exposure to silica dust. As used herein, "Other Related Illnesses" are defined to include sarcoidosis, lung cancer, chronic kidney disease, autoimmune disorders, or rheumatoid arthritis.
How Could this Affect Me? Even though Company denies that it ever caused any Silicosis or Other Related Illnesses, you may believe that you or a loved one may have been exposed to or otherwise suffer from such injuries in connection with Company's products. You may also file a proof of claim on behalf of a deceased family member.
What do I do Now? If you believe that you or a family member may have a Claim, you must submit a proof of claim by August 26, 2025, 5:00 p.m. (ET). Even if you have not been diagnosed with a disease or experience symptoms, if you have a Claim, you must submit a proof of claim to preserve your right to compensation. Go to https://www.flsb.uscourts.gov/file-proof-claim-electronically to submit your proof of claim online. For a paper proof of claim form, contact Company's counsel, Pack Law, as set forth below. To file a paper proof of claim, mail it to the Clerk's office at C. Clyde Atkins United States Courthouse, 301 N. Miami Ave., Room 150, Miami, FL 33128. Submitting a proof of claim preserves your right to ask for money from Company. You can submit a proof of claim yourself or you can ask a lawyer to help you. Completing a proof of claim takes about five minutes. If you believe you or a loved one may have a Claim, Company recommends you consult with an attorney to determine whether to file a Claim, as your rights may be affected by the Claim Bar Date and/or the bankruptcy case.
Will I get Money if I Submit a Claim? This notice does not mean that you were exposed to any allegedly harmful material or that you are eligible to receive money now or in the future. Submitting a proof of claim keeps your right to receive compensation if you have a Claim, but does not guaranty you are or will be eligible to receive money. There is no guaranty that Company's bankruptcy case will result in recoveries for holders of Claims. Since Company filed a case and submitted a plan under Subchapter V of chapter 11 of the Bankruptcy Code, distributions (if any) are dependent on the post-bankruptcy financial projections set forth in the attachments to Company's plan. It is possible that creditors, including Silicosis and Other Related Illnesses claimants, will receive little if any recovery from Company.
What if I do Nothing? If you have a Claim as of the petition date and do not timely submit a proof of claim by the Claim Bar Date, you will not be able to vote on any chapter 11 plan proposed by Company, you will not receive any payment from Company's bankruptcy, and your Claim may be discharged without any payment.
Getting More Information. If you would like copies of Company's bankruptcy documents and other information regarding Company's bankruptcy case emailed to you, please contact Company's counsel via telephone at 305.916.4500, email at joe@packlaw.com and jessey@packlaw.com, or letter to Pack Law, 51 NE 24th St #108, Miami, FL 33137.
Reservation of Rights. Nothing contained in this Notice is intended or should be taken as Company giving up rights to: (a) defend against any Claim, whether filed by proof of claim or otherwise; (b) designate any Claim as disputed, contingent or unliquidated; and (c) amend or supplement Company's schedules of Claims. Show more »
Refcode: #IPLSFC00898240
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Refcode: #IPLSFC00905250
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