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In re: G-I HOLDINGS, INC., et. al (f/k/a GAF CORPORATION), Debtor. OFFICIAL COMMITTEE OF ASBESTOS CLAIMANTS, Appellant, v. THE BANK OF NEW YORK, G-I HOLDINGS, INC. and BUILDING MATERIALS CORPORATION OF AMERICA, Appellees/Cross Appellants.

ORDER

WILLIAM BASSLER, District Judge

This matter having come before the Court upon the appeal of the Official Committee of Asbestos Claimants (the "Committee") and the cross-appeal of the Bank of New York ("BNY"), G-I Holdings, and Building Materials Corporation of America ("BMCA") from portions of the July 7, 2004 opinion and order of the United States Bankruptcy Court for the District of New Jersey; and

The Court having heard oral argument on March 1, 2006; and

For the reasons set forth in the accompanying opinion filed this day;

It is on this 21st of June 2006 ORDERED:

(1) That portion of the Bankruptcy Court's opinion denying leave to the Committee to plead the inapplicability of the statute of limitations pertaining to the Pushdown Claims (the January 1994 Transaction) is affirmed;

(2) That portion of the Bankruptcy Court's opinion denying leave to the Committee to plead the Securitization Claims (the December 2000 Transaction) is affirmed;

(3) That portion of the Bankruptcy Court's opinion giving to the Committee the benefit of the discovery rule in the N.J. UFTA and the ten-year statute of limitations available to the N.J.D.E.P. is affirmed;

(4) That portion of the Bankruptcy Court's order granting the Committee leave to assert against BMCA, BNY and the Noteholders claims to avoid the transfers in the January 1994 Transaction and to recover pursuant to section 550(a) of the Bankruptcy Code the liens received by BNY in the December 2000 Transaction is vacated and the matter remanded to the Bankruptcy Court for further proceedings consistent with the opinion of this Court;

(5) The remainder of the Bankruptcy Court's order is affirmed.

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IN RE G-I HOLDINGS, INC. (D.N.J. 2006)
(Jun 21, 2006)