30 C.F.R. § 253.60   To whom may I present a claim?


Title 30 - Mineral Resources


Title 30: Mineral Resources
PART 253—OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES
Subpart F—Claims for Oil-Spill Removal Costs and Damages

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§ 253.60   To whom may I present a claim?

(a) If you are a claimant, you must present your claim first to the designated applicant for the COF that is the source of the incident resulting in your claim. If, however, the designated applicant has filed a petition for bankruptcy under 11 U.S.C. chapter 7 or 11, you may present your claim first to any of the designated applicant's guarantors.

(b) If the claim you present to the designated applicant or guarantor is denied or not paid within 90 days after you first present it or advertising begins, whichever is later, then you may seek any of the following remedies that apply:

 ------------------------------------------------------------------------ If the reason for denial or        nonpayment is                    then you may elect to------------------------------------------------------------------------(1) Not an assertion of        (i) Present your claim to any of the insolvency or petition in      responsible parties for the COF; or bankruptcy under 11 U.S.C.    (ii) Initiate a lawsuit against the chapter 7 or 11.               designated applicant and/or any of the                                responsible parties for the COF; or                               (iii) Present your claim to the Fund                                using the procedures at 33 CFR part 136.------------------------------------------------------------------------(2) An assertion of            (i) Pursue any of the remedies in items insolvency or petition in      (1)(i) through (iii) of this table; or bankruptcy under 11 U.S.C.    (ii) Present your claim to any of the chapter 7 or 11.               designated applicant's guarantors; or                               (iii) Initiate a lawsuit against any of                                the designated applicant's guarantors.------------------------------------------------------------------------

(c) If no one has resolved your claim to your satisfaction using the remedy that you elected under paragraph (b) of this section, then you may pursue another available remedy, unless the Fund has denied your claim or a court of competent jurisdiction has ruled against your claim. You may not pursue more than one remedy at a time.

(d) You may ask MMS to assist you in determining whether a guarantor may be liable for your claim. Send your request for assistance to the address listed in §253.45. You must include any information you have regarding the existence or identity of possible guarantors.

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