Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2025 | Updated by Findlaw Staff
(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 insolvency or petition in bankruptcy under 11 U.S.C. chapter 7 or 11, |
(i) Present your claim to any of the responsible parties for the COF; or |
|
(ii) Initiate a lawsuit against the 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 insolvency or petition in bankruptcy under 11 U.S.C. chapter 7 or 11, |
(i) Pursue any of the remedies in items (1)(i) through (iii) of this table; or |
|
(ii) Present your claim to any of the 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 BOEM to assist you in determining whether a guarantor may be liable for your claim. Send your request for assistance to the address listed in § 553.45. You must include any information you have regarding the existence or identity of possible guarantors.
Cite this article: FindLaw.com - Code of Federal Regulations Title 30. Mineral Resources § 30.553.60 To whom may I present a claim? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-30-mineral-resources/cfr-sect-30-553-60/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)