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Published on 6/3/2005 in the Prospect News Distressed Debt Daily.

Amcast disclosure statement draws Ohio EPA objection

By Caroline Salls

Pittsburgh, June 3 - Amcast Industrial Corp.'s disclosure statement for its first amended plan of reorganization drew objection from the Ohio Environmental Protection Agency, according to a Friday filing with the U.S. Bankruptcy Court for the Southern District of Ohio.

The EPA said Amcast's attempt to obtain releases for non-debtors under the plan is not appropriate.

Also, the EPA said in the filing that under Ohio law, officers, directors, or other persons with authority to make decisions for a corporation may be held individually liable for actions they direct that "cause, ratify, or allow wrongful acts."

"Such individuals may thus be liable for the environmental violations that occurred and/or continue to occur, as a result of [Amcast's] operations, at various sites in Ohio and throughout the country," the filing said.

A hearing on approval of the disclosure statement is scheduled for June 9.

Amcast, a Dayton, Ohio, manufacturer of plumbing and auto components, filed for Chapter 11 on Nov. 30. Its case number is 04-40504.


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