(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
(1) Not an assertion of insolvency or (i) Present your claim to
petition in bankruptcy under 11 U.S.C. any of the responsible
chapter 7 or 11, 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 (i) Pursue any of the
in bankruptcy under 11 U.S.C. chapter 7 remedies in items (1)(i)
or 11, 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 Sec. 553.45. You must include any information you have regarding the existence or identity of possible guarantors.