Imerys Talc America bankruptcy and proposed Talc Personal Injury Trust

Proposed trust / plan pending — status baseline: October 9, 2026.

Draft status check, October 14, 2026: This record retains the work order’s October 9 baseline: no confirmed plan or operating Section 524(g) trust. The documents recovered in this check establish a proposed trust and a confirmation-stage proceeding, but a complete later docket review was not available. No signed confirmation order, district-court affirmation, effective-date notice, or operating-trust materials were retrieved. This is not an independent certification that no later order exists. The proposed funding below is not a current trust balance. 2 8 11 12

Status refresh, October 26, 2026 (ANCHOR edit): The case agent’s Plan & Disclosure Statement filter lists no plan, disclosure or confirmation filing after D.I. 8116 (February 11, 2026), so D.I. 8070 remains the latest plan located. Docket entries read through D.I. 8559 (October 20, 2026) are fee applications, certificates of no objection, removal-deadline orders, hearing agendas and omnibus-hearing notices. Two orders could not be identified by subject from the public sources available: D.I. 8480 (September 15, 2026) and D.I. 8505 (September 28, 2026). The September 28 hearing was cancelled (D.I. 8506). The September 15 conference outcome remains unestablished, and no confirmation order, affirmation, effective-date notice or operating trust was found. This refresh is bounded by those two unread orders and is not a certification that none exists. 21 22

Record snapshot

Debtors: Imerys Talc America, Inc.; Imerys Talc Vermont, Inc.; Imerys Talc Canada Inc. Their Chapter 11 petitions were filed February 13, 2019. 1 9

Court and docket: U.S. Bankruptcy Court for the District of Delaware; jointly administered Case No. 19-10289 (LSS). The Vermont and Canada cases are 19-10291 and 19-10292. Cyprus Mines Corporation has a separate coordinated Chapter 11 case, 21-10398 (LSS), filed February 11, 2021. 9 10

Proposed trust name in the located plan: Ivory America / Cyprus Personal Injury Trust, defined as the “Talc Personal Injury Trust” in Imerys D.I. 8070. This record uses Imerys in the title to identify the bankruptcy, not to replace the filed proposed name. 2

Latest plan package located as of October 14, 2026: Imerys D.I. 8070, Second Joint Plan of Reorganization, filed January 20, 2026; coordinated with Cyprus D.I. 3676, Fourth Modified First Amended Plan, filed the same date. “Latest located” does not establish that no later amendment was filed. 2 3 8 18

Net assets / current trust balance: Not established by the retrieved materials as of October 14, 2026. Do not substitute proposed contributions or debtor assets.

Payment percentage: No operative trust payment percentage established by the retrieved materials as of October 14, 2026. The October 9 baseline reports no operating trust. No proposed allocation, scheduled value, or payment formula is displayed as a live rate.

Established / effective date: Not established by the retrieved materials as of October 14, 2026. The 2019 petition date is not a trust-formation date.

Cumulative paid by this trust: Not established by the retrieved materials as of October 14, 2026; not recorded as zero.

Administrator / trust filing portal: No operating trust administrator or trust filing process verified as of October 14, 2026. Kroll’s bankruptcy-case and historical voting services are not evidence of an operating trust claim portal. 9 10

Bankruptcy background and proposed structure

The Imerys debtors entered Chapter 11 amid thousands of talc personal-injury claims. The Third Circuit’s 2022 account describes the company’s inability to continue defending the growing claims and its goal of channeling them into a Section 524(g) trust. The October 9, 2026 opinion also describes Imerys’s distribution of talc to Johnson & Johnson. These are bankruptcy-background facts, not findings that any particular claimant’s injury was caused by asbestos-contaminated talc. 16 12

The January 20, 2026 proposed plan addresses talc-related claims and future demands through a trust and proposed channeling injunction. Under §4.6.1, the trust would assume specified liabilities of the debtors and other defined Protected Parties on the Effective Date. The coordinated Cyprus plan participates in the shared trust structure. The protected-party definitions and schedules, rather than a blanket reference to all affiliates, control the proposed scope. 2 3

The located plan defines “Talc Personal Injury Claim” to exclude “Foreign Claims.” Its proposed assumption clause likewise excludes Foreign Claims except for obligations expressly assumed under the plan. That is a description of filed definitions, not a determination of anyone’s rights or claim classification. The introduction expressly says the plan documents are not admissions of the existence, merits, or amount of liability, subject to the plan’s stated exceptions. 2

Johnson & Johnson is a settlement party here, not one of the three Imerys debtors identified above. J&J-related bankruptcy proceedings are outside this record; they must not be treated as the Imerys case. The filed J&J agreement itself distinguishes “J&J Related Bankruptcy Case” arrangements. 1 7

Proposed funding components — never summed

Document basis: January 20, 2026 filed plan package, recovered October 14, 2026. All monetary amounts below are U.S. dollars. They describe proposed contributions, contractual payment obligations, or note principal—not present trust cash, audited assets, or amounts actually transferred. Applicable trigger dates and effective-date conditions remain controlling. No total is calculated or displayed.

Imerys Settlement Funds: The plan defines $75 million, plus Sale Proceeds, less $376,630.14 of specified Imerys S.A. DIP-document negotiation and preparation costs. Only Sale Proceeds remaining after case funding and plan-payable or reserved amounts would reach the trust. No final net Sale-Proceeds amount is supplied in this definition. 2

Rio Tinto cash contribution: $80 million. The attached agreement ties payment to the Rio Tinto/Zurich Trigger Date. Separate assigned credits and future credits are also contemplated; they have no verified dollar valuation in this record. 2 5

Zurich cash contribution: $260 million, separately defined in the plan. It is not merged with Rio Tinto’s contribution or with insurance-rights valuations. 2

Cyprus Contributions: The Cyprus plan includes a Plan Note, pledge agreement, Freeport guarantee, and Assignment. The Plan Note would be an unsecured seven-year promissory note with $195 million outstanding principal as of the Effective Date. This is neither an immediate cash contribution nor proof of payment. Assigned rights are not given a nominal value here. 3

XL cash contribution: $28.25 million. A separate California Fire Claim contribution includes $1 million for the trust. The same definition specifies $1.25 million for Imerys Filtration Minerals, Inc., a non-debtor, not for the trust; that non-trust amount must not be included in a trust-assets field. These amounts remain separate. 2 6

J&J Initial Payment: $225 million, separately defined in the attached agreement. Receipt and allocation to the trust or designated accounts are governed by that agreement; this record does not establish the amount actually received. 7

J&J Insurance Payments: A separate $280 million contractual obligation, defined by reference to insurance recoveries and a backstop provision. It is not combined with the Initial Payment. The agreement’s escrow and designated-account provisions mean the contractual amount cannot be treated as current cash held by an operating trust. No payment-completion finding is made as of October 14, 2026. 7

Other proposed assets: The plan lists Home Proceeds, qualified-settlement-fund amounts, debtor cash outside reserves, non-cash contributions, insurance interests, causes of action, debtor stock, and residual reserve cash. Their current transferable values are not established here. Some assets and proceeds may pass through accounts or funds before transfer; they must not be counted again under another label. 2

Proposed claimant treatment, not an operative process

As checked October 14, 2026, the January 20 filed Trust Distribution Procedures remain proposal evidence in this record, not a live filing guide. They describe separate Fund A for specified ovarian-cancer categories and Fund B for mesothelioma, secondary mesothelioma, and lung-cancer categories. The different funding-source allocations are internal proposed account allocations, not claimant payment percentages. This page supplies no filing instructions, eligibility determination, scheduled claim value, or recovery estimate. 4

The plan separately defines confirmation and effectiveness. Its effectiveness provisions contemplate confirmation and district-court affirmation for both the Imerys and Cyprus plans, together with other conditions. A creditor vote, a proposed confirmation order, or a sale-appeal decision cannot substitute for proof of those milestones. No completed effective-date or operational milestone was verified in this October 14 check. 2 18

Docket timeline and recent events

February 13, 2019 — Imerys petitions. The three Imerys debtors filed Chapter 11 in Delaware. 1 9

February 11, 2021 — Cyprus petition. Cyprus Mines Corporation commenced its separate Chapter 11 case. 10

November 5, 2024 — historical disclosure and solicitation stage. The official case-agent narrative records approval of the disclosure statements and authorization to solicit votes on the then-filed plans. It identifies Imerys plan D.I. 6732 and disclosure statement D.I. 6733. This is not a new October 2026 approval. 9 10

December 16, 2024 / January 5, 2025 — historical vote deadline and certifications. The official case-agent narrative records the voting deadline and subsequent certifications that the plans received the required acceptance. Those certifications are not confirmation orders; no claim-count statistic is derived from them. 9 10

May 5, 2025 — confirmation record left open. Judge Laurie Selber Silverstein’s letter kept the confirmation hearings and record open while the parties addressed the foreign-claims issue. That letter is not a confirmation order. 15

January 20, 2026 — amended plan and proposed order. Imerys filed D.I. 8070. D.I. 8072 identified it as an amended version and attached a Revised Proposed Confirmation Order, not a signed ruling. 2 18

February 2, 2026 — confirmation hearing resumed. A February 11 filed notice, D.I. 8146, records the resumed hearing on Imerys D.I. 8070 and Cyprus D.I. 3676. 8

September 15, 2026 — status conference scheduled; outcome gap as of October 14 check. The September 11 agenda, D.I. 8462, scheduled a conference on insurers’ request to discuss an MDL development’s implications for confirmation and hold a confirmation ruling in abeyance. The agenda does not establish whether that request was granted or denied. No outcome record was retrieved. 11

September 15 and 28, 2026 — two orders entered; subjects not identified. D.I. 8480 was entered September 15, the day of the scheduled conference, and D.I. 8505 on September 28, the same day an agenda marked the next hearing cancelled (D.I. 8506). The public RECAP docket shows each only as “Order”; the documents are not publicly mirrored, and the case agent’s docket search is behind a verification wall. Neither is described here as a ruling on the abeyance request or on confirmation. 21

October 9, 2026 — sale appeal dismissed as moot. In No. 25-2786, the Third Circuit dismissed RMI Insurers’ appeal concerning the sale of indemnification rights to J&J under Section 363(m). The opinion is nonprecedential. It does not confirm the plan, set a payment percentage, or establish an operating trust. 12

Open source gaps — checked October 14, 2026; refreshed October 26, 2026

A signed confirmation order, related affirmation and effective-date records, any amendment after the latest located plan, the September 15 conference outcome, and evidence of trust operations remain unretrieved. As of October 26 the first identification step is D.I. 8480 and D.I. 8505 (see timeline). For the re-solicitation question, D.I. 7895 (November 18, 2025), an order approving the form and manner of notice of a continued confirmation hearing and plan modifications, is a lead that has not been read. 23 Historical disclosure approval is documented in official case-agent material; the current amendments’ final treatment, including any new disclosure or re-solicitation ruling, still needs the actual court order.

The coordinated Cyprus plan and its $195 million note definition were recovered, narrowing the supplied Cyprus-document gap. The full note/guarantee/assignment implementation record, payment performance, net Sale Proceeds, QSF balances, and insurance recoveries remain unresolved. Proof-of-claim counts and tonnage remain unverified; neither is inferred from litigation counts, voting statistics, or missing data.

Related research and provenance

Facility and contamination-science narratives are outside this bankruptcy record. AsbestosAtlas is linked only for contextual navigation; a specific Imerys facility/evidence destination was not verified in this check. The requesting owner should supply that destination for the reviewed handoff rather than have this draft invent a facility URL.

Source methodology and the corrections record provide the site’s existing provenance context. Exact claim-to-source mapping, document pages, evidence grades, and retrieval limits are in the companion imerys-sources.md.

Authorship, review and draft history

Research and draft prepared by: Manus, October 14, 2026. Automation assisted document discovery, extraction and drafting; it is not qualified legal review.

Review status, October 26, 2026: ANCHOR edit completed (docket refresh; no other substantive change); CLEO final QA pending; Charles publication gate pending. No article-specific legal review has been performed or attributed. No public publication date exists.

Disclosure: AsbestosTrusts.org is funded by Danziger & De Llano, LLP. This publication is general research, not legal advice.

Version 1.0-draft — October 14, 2026: New proposed-trust record. Corrects the research lead’s implied October 2026 date to January 21, 2021; replaces the undocketed landing-page plan pointer with the latest filed package located, D.I. 8070; preserves all proposed pools separately. These are draft-source reconciliations, not changes to a previously published Imerys page.

Non-public implementation handoff

Proposed route convention: /trusts/imerys-talc-america-proposed-trust (uncreated). The live detail layout was inspected, but current source code and later build/task records were not available. Preserve its snapshot, Primary Source Documents, Trust Details, Recent Events, and provenance sections where compatible. Do not inherit an operating-trust badge or generic legal-review team as proof of review.

Keep paymentPercent, netAssets, established, cumulativePaid, effectiveDate, and operational portal fields null, with explanatory unknown/not-established labels. Keep proposed funding in a separate typed collection with document date, source, unit and conditions. Exclude this record from operating-trust counts, current-assets sums, payment-percentage summaries, and payout totals.

After review, confirmation, affirmation, effectiveness, funded assets and operations must each be evidenced separately before conversion to an active trust record. Confirmation alone must not automatically populate operations or asset fields. Preserve this draft’s version history and the filed proposed-name history. Future implementation requires cross-page figure/count consistency checks; no implementation or site tests were performed in this draft task. No publication, deployment, merge, site-main commit, public preview or new schedule is authorized by this handoff.

References