THRONEBERRY LAW GROUP
Mesothelioma & Asbestos Attorneys
TRUST PAYMENT REFERENCE
A payment reference for the T H Agriculture & Nutrition, L.L.C. Asbestos Personal Injury Trust, which pays claims for asbestos products sold, distributed, handled, processed, or manufactured by THAN. Every figure below was checked against the trust's own Trust Distribution Procedures, claims procedures, filing instructions, notices, and annual reports on October 18, 2026.
CURRENT TRUST STATUS
The THAN asbestos trust pays 16.3% of a claim's liquidated value. The trustee raised the rate from 15% to 16.3% effective September 1, 2026, with supplemental payments to claimants paid at 15%. A mesothelioma claim carries a $150,000 scheduled value, so an Expedited Review claim pays about $24,450. Individual Review averages $238,000 (about $38,794 at 16.3%) with a $900,000 maximum, and a claimant whose exposure was at least 75% THAN product can qualify as an Extraordinary Claim worth up to five times the scheduled value. The trust charges no filing fee. Several of the trust's own documents still print 15%; the September 1, 2026 notice on its Notices page controls.
Throneberry Law Group files THAN claims for insulators, plant and refinery workers, construction trades, and their families across the country. This page is part of our asbestos trust funds guide, which covers every trust we file against. THAN publishes no product list and no site list, so the claim turns on a work history that names the THAN product, and we build that history once and run it against every trust that reaches the same job.
PAYMENT REFERENCE
The table below is the short answer. The sections that follow explain each line.
| Current payment percentage | 16.3% of the liquidated value for Disease Levels II through VIII, applied to every claim in the FIFO Payment Queue. Other Asbestos Disease (Level I) is a $500 cash discount payment that is not reduced by the percentage (TDP Section 2.3). |
|---|---|
| In effect since | September 1, 2026 (Notice Regarding Payment Percentage posted on the trust's Notices page: "effective September 1, 2026, the Payment Percentage applied to all claims in the FIFO Payment Queue shall be increased from 15% to 16.3%"). Claims paid at 15% receive supplemental payments under TDP Section 4.3. |
| Prior rates | 15% from April 2020 payments through August 2026 (Notice Regarding Payment Percentage dated April 22, 2020, replacing an April 6, 2020 notice). The TDP effective April 1, 2011 set the Initial Payment Percentage at 30%, adjusted from the original 100% in the plan (Sections 2.3 and 4.2). The trust has posted no notice dating the steps between 30% and 15%. The 2024 annual report records that no payment percentage study was done in 2024, the rate stayed at 15%, and the trustee, TAC, and FCR agreed to begin a study in the third quarter of 2025; the September 2026 increase followed. |
| Review cycle | The trustee reconsiders the rate with the consent of the Trust Advisory Committee and the Future Claimants' Representative, and any of the three may request a payment percentage study (Section 4.2). A claim is paid at the rate in effect at the time of payment (Section 4.3). When the rate goes up, claimants paid at the lower rate receive supplemental payments (Section 4.3). |
| Mesothelioma scheduled value | $150,000 scheduled; $238,000 Individual Review average; $900,000 Individual Review maximum (Section 5.3(b)(3)). |
| Mesothelioma payout at the current rate | Expedited Review: about $24,450 ($150,000 x 16.3%). Individual Review awards are paid at 16.3% of the liquidated value, up to the maximum (about $146,700 at the $900,000 cap). |
| Review options | Expedited Review pays the scheduled value times 16.3% once the claim meets the medical and exposure criteria (Section 5.3(a)); the trust's procedures set a 90-day target for an offer, deficiency notice, or rejection after a claim enters the queue. Individual Review values the claim on the law of the claimant's jurisdiction and the trust's valuation factors, up to the maximum (Section 5.3(b)). Lung Cancer 2 (Level VI), foreign claims, and secondary exposure claims must go through Individual Review (Section 5.5 as amended April 4, 2014). Until the trust makes an Individual Review offer, the claimant may switch to Expedited Review. |
| Extraordinary Claims | Disease Levels IV through VIII. A claimant whose exposure occurred predominantly at a THAN facility while THAN handled asbestos products there, or was at least 75% the result of THAN product or conduct, with little likelihood of a substantial recovery elsewhere, can be awarded up to five times the scheduled value (five times the average value for Level VI), times 16.3% (Section 5.4(a)). For mesothelioma that is up to $750,000, about $122,250 at 16.3%. Extraordinary Claims go through Individual Review, a special panel decides disputes, and liquidated Extraordinary Claims are paid ahead of all claims except Exigent Claims. |
| Exposure requirement | THAN Exposure: meaningful and credible exposure before December 31, 1986 to an asbestos product sold, distributed, marketed, handled, processed, or manufactured by THAN or for which THAN has legal responsibility, or to conduct for which THAN is responsible that exposed the claimant to an asbestos product (Section 5.7(b)(3)). Mesothelioma needs THAN Exposure only. Lung Cancer 1, Other Cancer, Severe Asbestosis, and Level III need six months of THAN Exposure before December 31, 1986 plus Significant Occupational Exposure (five cumulative years in an asbestos trade, at least two before December 31, 1986). Level II needs six months of THAN Exposure plus five years of occupational asbestos exposure. The trust publishes no site list and no product list; the claim form asks for the names of the THAN products at each job site. |
| Filing deadline | Anyone first diagnosed after November 24, 2008 (the Commencement Date, when THAN filed its Chapter 11 petition) may file within three years after diagnosis or by October 3, 2014 (three years after the October 3, 2011 Initial Claims Filing Date), whichever is later, regardless of any state statute of limitations (Section 5.1(a)(2)). Claims diagnosed before November 24, 2008 must meet the statute of limitations that applied when the claim was filed in court or with the trust, with tolling from the Commencement Date, and were treated as timely if filed by October 3, 2014. |
| Fees and withdrawal rules | No filing fee; the trust's procedures state it has not adopted one (Section 6.4). A claim is deemed withdrawn if the claimant does not accept, reject, or start arbitration within six months of the offer or rejection, with one six-month extension on written request and good cause (Section 6.3). Deferral of up to three years keeps the queue position; a withdrawn claim may be refiled and takes a new queue position (Section 6.3; FIFO notice effective July 24, 2017). Since January 1, 2024 the trust waives notarization, accepts one witness who may be a family member, and accepts DocuSign signatures from registered electronic filers. |
| Sequencing adjustment | Sequencing adjustments are paid under Section 7.5 and are themselves subject to the payment percentage (Section 2.3). |
| Claims processor | Verus Claims Services, LLC, 3967 Princeton Pike, Princeton, New Jersey 08540, through the Verus online filing system. The trust's principal office is in Wilmington, Delaware; its sole trustee is David F. Levi. |
| Trust created | Under the First Amended Prepackaged Plan of Reorganization of T H Agriculture & Nutrition, L.L.C., confirmed by the United States Bankruptcy Court for the Southern District of New York on May 28, 2009 and affirmed by the District Court on October 26, 2009 (Case No. 08-14692). THAN filed its petition on November 24, 2008. The trust was created and funded with $900 million on the plan's effective date, November 30, 2009 (2024 annual report). It began accepting claims April 1, 2011; the Initial Claims Filing Date was October 3, 2011. The current procedures are the First Amended TDP effective April 1, 2011, amended April 4, 2014 (Section 5.5) and September 29, 2017 (Section 2.5). |
| Last checked | October 18, 2026, against thanasbestostrust.org (home, Resources, Notices, and Contact pages), the First Amended Asbestos Personal Injury Trust Distribution Procedures (effective April 1, 2011) and its 2014 and 2017 amendments, the Procedures for Reviewing and Liquidating Asbestos PI Claims (adopted April 1, 2011), the Claim Form Filing Instructions, the Notice Regarding Administration of the FIFO Processing Queue (effective July 24, 2017), the Payment Percentage notices dated April 22, 2020 and effective September 1, 2026, the E-Signature Policies notice dated January 1, 2024, and the trust's 2022 and 2024 annual reports. |
SCHEDULE OF DISEASES
The trust sorts asbestos diseases into eight levels. Lung Cancer 2 (Level VI) has no scheduled value and goes through Individual Review only. Level I is a $500 cash discount payment paid in full. The values come from Section 5.3(b)(3) of the TDP; the trust has posted no value change.
| Level | Disease | Scheduled Value | Payout at 16.3% | IR Average | IR Maximum |
|---|---|---|---|---|---|
| VIII | Mesothelioma | $150,000 | About $24,450 | $238,000 | $900,000 |
| VII | Lung Cancer 1 | $65,000 | About $10,595 | $89,900 | $250,000 |
| VI | Lung Cancer 2 | None (Individual Review only) | Individually valued | $20,000 | $75,000 |
| V | Other Cancer | $30,000 | About $4,890 | $50,000 | $70,000 |
| IV | Severe Asbestosis | $60,000 | About $9,780 | $67,600 | $250,000 |
| III | Asbestosis / Pleural Disease | $8,000 | About $1,304 | $8,600 | $15,000 |
| II | Asbestosis / Pleural Disease | $3,800 | About $619 | $4,200 | $8,000 |
| I | Other Asbestos Disease (cash discount) | $500 | $500 (paid at 100%) | None | None |
The payout column is the scheduled value times 16.3%, rounded. THAN's scheduled values are among the higher ones in the trust system; the rate is what holds the payout down. The Individual Review average for mesothelioma, $238,000, is 59% above the scheduled value, so Individual Review is usually worth electing when the exposure and economic facts support it, and a claimant can switch back to Expedited Review any time before the trust makes an offer. Living mesothelioma claimants qualify as Exigent Health Claims under Section 5.4(b) and are paid first.
FILING REQUIREMENTS
The trust checks three things on every claim: the disease, the exposure, and the timing. THAN has no site list and no product list, so product identification carries the claim; the trust's own procedures note that inadequate or missing product identification was the leading reason pre-trust claims were not approved.
The claimant must show meaningful and credible exposure, before December 31, 1986, to an asbestos product sold, distributed, marketed, handled, processed, or manufactured by THAN or for which THAN has legal responsibility, or to conduct for which THAN is responsible that exposed the claimant to an asbestos product (TDP Section 5.7(b)(3)). The claim form asks, for each job site, the dates, occupation, industry, and the names of the asbestos products the injured person was exposed to for which THAN is alleged to be responsible, and the trust accepts affidavits, deposition testimony, invoices, and employment or construction records as proof. Mesothelioma needs THAN Exposure only. Lung Cancer 1, Other Cancer, Severe Asbestosis, and Level III also need six months of THAN Exposure before December 31, 1986 and Significant Occupational Exposure, which means at least five cumulative years, two of them before December 31, 1986, in an industry and occupation that handled raw asbestos fibers, fabricated asbestos products, worked with asbestos products, or worked regularly alongside those who did (Section 5.7(b)(2)). Level II needs six months of THAN Exposure plus five years of occupational asbestos exposure. A claimant who cannot meet the presumptive rules, including the 1986 cutoff, can ask for Individual Review. Secondary exposure claims go through Individual Review and must show that the occupationally exposed person would have met the exposure rules (Section 5.5 as amended April 4, 2014).
Every diagnosis must come with either a physician's statement that at least ten years passed between first asbestos exposure and diagnosis, or an exposure history that shows a ten-year latency. A mesothelioma claim needs a diagnosis of mesothelioma. The non-malignant levels need a diagnosis of Bilateral Asbestos-Related Nonmalignant Disease with the x-ray, CT, or pathology findings and, for Levels III and IV, the pulmonary function results the TDP lists. Medical records supporting the disease level go in with the claim form. The National Cancer Institute explains what mesothelioma is and how it is diagnosed.
Anyone first diagnosed after November 24, 2008 may file within three years after diagnosis, regardless of the state statute of limitations (Section 5.1(a)(2)). The alternative deadline, three years after the October 3, 2011 Initial Claims Filing Date, ran out on October 3, 2014, so for a diagnosis today the deadline is three years from the diagnosis date. Claims diagnosed before November 24, 2008 had to meet the state statute of limitations that applied when the claim was filed, tolled from the Commencement Date, and were timely if filed by October 3, 2014. After filing, the six-month deemed-withdrawal rule on unanswered offers runs, with one six-month extension on request.
Expedited Review pays the scheduled value times 16.3% once the claim meets the criteria, about $24,450 for mesothelioma, with the trust's procedures targeting a response within 90 days of the claim entering the queue. Individual Review values the claim on the law of the claimant's jurisdiction and the trust's factors, up to $900,000 for mesothelioma, with the average set at $238,000 (about $38,794 at 16.3%). A claimant can switch from Individual Review to Expedited Review until the trust makes an offer. An Extraordinary Claim, for a worker exposed predominantly at a THAN facility or whose exposure was at least 75% THAN product or conduct, can reach five times the scheduled value and is paid ahead of all claims except Exigent Claims (Section 5.4(a)). A claimant who rejects the trust's offer can go to mediation or arbitration under the trust's ADR procedures and, after that, to the tort system.
RATE HISTORY
The plan set the Initial Payment Percentage at 100%, and the First Amended TDP effective April 1, 2011 adjusted it to 30% for all claims except Qualified Asbestos PI Claims, which the trust paid at the original 100% (Sections 2.3 and 4.2). The trust has posted no notice dating the steps between 30% and 15%, and this page does not guess at them.
By notice dated April 22, 2020, replacing an April 6, 2020 notice, the trustees, with the consent of the Trust Advisory Committee and the Future Claimants' Representative, set the rate at 15% beginning with April 2020 payments. The rate stayed at 15% through 2024; the 2024 annual report records that no payment percentage study was undertaken that year and that the trustee, TAC, and FCR agreed to begin one in the third quarter of 2025. By notice posted on the trust's website, the trustee raised the rate from 15% to 16.3% effective September 1, 2026, with supplemental payments to claimants previously paid at 15% under Section 4.3. Through December 31, 2024 the trust had paid $393,275,330 on Qualified Asbestos PI Claims and $432,421,924 on claims liquidated under Section 5.3 (2024 annual report).
PRODUCTS AND WORK SITES
The trust's procedures define covered exposure by company, as asbestos products sold, distributed, marketed, handled, processed, or manufactured by T H Agriculture & Nutrition, L.L.C., or conduct for which THAN is responsible that exposed the claimant to an asbestos product (TDP Section 5.7(b)(3)). The trust publishes no product list and no site list, and its documents do not describe the company's business. Proof for the trust comes from two directions.
The Significant Occupational Exposure definition tells you who the trust expects to see: workers who handled raw asbestos fibers on a regular basis, workers who fabricated asbestos products, workers who altered, repaired, or worked with asbestos products, and the people who worked alongside them. In the firm's practice that means chemical plant workers, factory workers, refinery workers, insulators, and the construction trades at chemical plants, refineries, and power plants. Because THAN keeps no site list, a THAN claim rides on the same work history and product identification we build for the other trusts that reach the same plants, such as Johns-Manville, Owens Corning and Fibreboard, Pittsburgh Corning, and W.R. Grace, and our page on products that contained asbestos explains how the materials released fiber.
QUESTIONS
As of October 18, 2026, the T H Agriculture & Nutrition, L.L.C. Asbestos Personal Injury Trust pays 16.3% of a claim's liquidated value. The trustee raised the rate from 15% to 16.3% effective September 1, 2026, with supplemental payments to claimants paid at 15%. The rate had been 15% since April 2020 (notice dated April 22, 2020); the TDP's initial rate in 2011 was 30%.
The mesothelioma scheduled value is $150,000, so an Expedited Review claim pays about $24,450 at 16.3%. Individual Review averages $238,000 (about $38,794) with a $900,000 maximum (about $146,700). A claimant whose exposure was at least 75% THAN product or occurred predominantly at a THAN facility can qualify as an Extraordinary Claim worth up to $750,000, about $122,250 at 16.3%.
Usually not for a recent diagnosis. Anyone first diagnosed after November 24, 2008 may file within three years after diagnosis regardless of the state statute of limitations. The trust's alternative deadline of October 3, 2014 has passed, so claims diagnosed before November 24, 2008 and not filed by then are late. There is no filing fee, and since January 1, 2024 the trust no longer requires notarized documents.
WHY THRONEBERRY LAW GROUP
THAN is a product-identification trust with high scheduled values and a low rate, which makes it easy to get wrong in both directions: a firm that cannot name the THAN product gets a deficiency letter, and a firm that files every claim as Expedited Review leaves the $238,000 Individual Review average on the table. We take the product history early, while the client and co-workers can still give it, elect Individual Review when the exposure and economic facts support it, switch to Expedited Review before an offer if they do not, and build the Extraordinary Claim at five times the scheduled value when the exposure was predominantly THAN. Our overview of mesothelioma compensation explains how trust payments fit with lawsuits and other recoveries, and attorney Michael Throneberry, who has handled asbestos cases for more than two decades, reviews every trust claim before it goes out.
We work on contingency, so you pay nothing unless we recover money for you. We serve clients nationwide, we can help Spanish-speaking families, and we travel to you, including to your home or hospital.
SOURCES
Figures on this page come from the T H Agriculture & Nutrition, L.L.C. Asbestos Personal Injury Trust website (thanasbestostrust.com): the home, Resources, Notices, and Contact pages; the First Amended Asbestos Personal Injury Trust Distribution Procedures (effective April 1, 2011) with the April 4, 2014 amendment to Section 5.5 and the September 29, 2017 amendment to Section 2.5; the Procedures for Reviewing and Liquidating Asbestos PI Claims (adopted April 1, 2011); the Claim Form Filing Instructions; the Notice Regarding Administration of the FIFO Processing Queue (effective July 24, 2017); the Payment Percentage notices dated April 22, 2020 and effective September 1, 2026; the E-Signature Policies notice dated January 1, 2024; and the trust's annual reports for 2022 and 2024 (Case No. 08-14692, Bankr. S.D.N.Y.). Last checked October 18, 2026.
DISCLAIMER
This page is general information, not legal advice. Trust payment percentages, scheduled values, and procedures change, and the trust's own current documents control. Payout examples are arithmetic on the trust's published figures, not a promise of any result. Contacting us or sending a form does not create an attorney-client relationship.
Copyright 2026 Throneberry Law Group. All rights reserved.
GET A FREE CASE REVIEW
If you or a family member handled asbestos fiber or asbestos products at a plant, refinery, or job site before 1987, the THAN asbestos trust may owe a payment, and the same work history often supports claims against the other trusts that reach the same sites. We check the current rate, the exposure rules, and the deadline for every trust before we file.
We serve clients across the country, we can help Spanish-speaking families, and we charge nothing unless we recover for you. Start with a free, no-obligation case review through our contact form.
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