Deficient Claims Policy
Posted 11/22/2010
The Trust can deem a claim withdrawn after the claim has been deficient and remains in a deficient status for six (6) months. Upon written request and for good cause, the Trust may extend this period for an additional six (6) months. After the extended period, the Trust will deem the claim withdrawn.
The initial six month time period will begin to run on December 1, 2010. If your firm has claims in a deficient status, you have until May 31, 2011 to resubmit the claim curing the deficiencies. You may request in writing an additional six month period for good cause, or withdraw the claim. The claim may be withdrawn and then resubmitted with an additional $250 filing fee. If none of these options are chosen, the Trust will deem the claim withdrawn and notify your firm.
According to the Trust Distribution Procedures, the existing statute of limitations for the claim will not be affected by the withdrawal, only its place in the FIFO queue. “A claimant may withdraw a Trust Claim at any time upon written notice to the Trust and file another claim subsequently without affecting the status of the claim for statute of limitations purposes, but any such claim filed after withdrawal shall be given a place in the FIFO Processing Queue based the date of such subsequent filing.” TDP Section 6.3.
Payment Percentage Adjustment to 45%
In November of 2008, the Trustees, with the consent of the TAC and the Futures Representative, (Trust Fiduciaries) temporarily reduced the Payment Percentage from 50 to 40 percent to allow the Trust time to determine whether early, unanticipated claiming patterns were likely to persist and require an adjustment of the Payment Percentage to a level below 50%. The Trust Fiduciaries have completed in depth studies of claiming patterns and have determined that the Payment Percentage should be adjusted to forty-five percent (45%) of the Total Liquidated Value. After necessary updates to the claims processing system and payment procedures have been completed, claims that received forty percent (40%) of the Total Liquidated Value will be paid the additional five percent (5%) in accordance with this change. The Trust is striving to have the payments sent on or before January 31, 2011. The TDP requires periodic review of the Payment Percentage. The Trust Fiduciaries therefore will continue to examine any changes in the volume and composition of claims to determine whether further adjustments should be made.
Verification of Interrogatories by Claimant or Heir
Posted 11/22/2010
At the November 18, 2010 Trustees’ meeting, the Trustees, with the consent of the Futures Representative and the Trust Advisory Committee (Trust Fiduciaries) adopted a new policy regarding verification of interrogatories.
The policy is as follows:
For all claims filed with the Trust on or after December 1, 2010, the interrogatories must be verified by the claimant or heir. Any claim submitted without verified interrogatories will be returned to the firm with a deficiency letter.
Updated Notice Regarding Medicare Reporting
Posted 11/01/2010
This will update the Trust’s notice posted on October 20, 2009, concerning the 2007 Medicare, Medicaid, and SCHIP Extension Act (“Act”) and the required reporting of information to the Centers for Medicare and Medicaid Services (“CMS”) regarding payments made to Medicare recipients. In February 2010, the Trust received updated guidance from CMS indicating that the Trust is not a reporting entity under the Act. As a result of the updated guidance, the Trust cancelled its registration as a reporting entity.
NOTICE
Posted 05/07/2010
PLEASE TAKE NOTICE that a hearing on the motion to approve J.T. Thorpe Settlement Trust’s Fourth Annual Report and Accounting is scheduled for Wednesday, June 30, 2010, at 2:00 p.m. before United States Bankruptcy Judge, Sheri Bluebond, in the U.S. Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Courtroom 1475, Los Angeles, California 90012. View 2009 Annual Report
Consumption Guidelines for Wrongful Death Claims
Posted 04/28/2010
The Trust documents allow claims to receive the benefit of up to $200,000 (base case) in economic loss without additional documents. If a wrongful death claim requests economic loss in excess of the $200,000, the report from the economist must take into consideration the lack of consumption by the deceased. In determining whether a deduction for consumption is appropriate, any claim which qualifies as a “living” claim under the Claims Valuation Matrix shall not be subject to a consumption deduction. In cases claiming additional economic loss, it is likely the Trust will request additional back-up documents supporting the economist’s conclusions.
Reminder Concerning Hold Claims Policy
Posted 03/01/2010
As you may recall, the Trust implemented the new hold policy in September 2009. A notice was sent to the firms and it was posted on the Web site on September 14, 2009. The policy stated that the Trust can deem a claim withdrawn after the claim has been placed on hold and remains in the hold status for over six (6) months. The initial six month time period began running on October 1, 2009, so if your firm had claims on hold as of October 1, 2009, and those claims have remained on hold since that date, you have until April 30, 2010 to resubmit the claim with a complete claim packet (claim form and supporting documents). The Trust will not extend the time period without show of good cause. The claim may be withdrawn and then resubmitted with an additional $250 filing fee. If none of these options are chosen, the Trust will deem the claim withdrawn and notify your firm.
Modifications Approved
Posted 02/24/2010
Modifications to the J.T. Thorpe Ship List were approved at the February 18, 2010 Trustees’ meeting. The modifications are listed below and a new ship list has been posted on the Trust Web site. Please review the current ship list, which includes a modification column for reference purposes.
| Ship Name | Start Date | End Date | Exposure | Modification | Date |
| AGUILA ARVE-135 | 10/1/1963 | 10/31/1963 | Standard | Added Ship and Date | 2/18/2010 |
| AJAX AR-6 | 1/1/1943 | 1/31/1943 | Standard | Added Ship and Date NOTE: only the year was provided; no month |
2/18/2010 |
| ALAN SEEGER 1943 | 3/1/1947 | 3/31/1947 | Standard | Added Date | 2/18/2010 |
| ANTIGUA 1931 | 7/1/1945 | 7/31/1945 | Standard | Added Date | 2/18/2010 |
| APACHE ATF-67 | 8/1/1967 | 8/31/1967 | Standard | Added Ship and Date | 2/18/2010 |
| ARISTIDIS 1943 | 11/1/1955 | 11/30/1955 | Standard | Added Ship and Date | 2/18/2010 |
| ARITAS | 5/1/1958 | 5/31/1958 | Standard | Added Ship and Date | 2/18/2010 |
| BENNETT DD-473 | 5/1/1955 | 5/31/1955 | Standard | Added Ship and Date | 2/18/2010 |
| BRACKEN APA-64 | 4/1/1945 | 4/30/1945 | Standard | Added Date | 2/18/2010 |
| BRAZIL VICTORY 1944 | 7/1/1967 | 7/31/1967 | Standard | Added Ship and Date | 2/18/2010 |
| CALIFORNIA BEAR 1954 | 12/1/1967 | 12/31/1967 | Standard | Added Date | 2/18/2010 |
| CALIFORNIA BEAR 1954 | 3/1/1968 | 3/31/1968 | Standard | Added Date | 2/18/2010 |
| CANADA BEAR 1945 | 1/1/1967 | 1/31/1967 | Standard | Added Date | 2/18/2010 |
| CANADA MAIL 1944 | 9/1/1959 | 9/30/1959 | Standard | Added Date | 2/18/2010 |
| CECIL G. SELLERS 1944 | 7/1/1945 | 7/31/1945 | Standard | Added Ship and Date | 2/18/2010 |
| CHARLES S. JONES 1941 | 5/1/1947 | 5/31/1947 | Standard | Added Date | 2/18/2010 |
| CHINA BEAR 1962 | 3/1/1967 | 3/31/1967 | Standard | Added Date | 2/18/2010 |
| CHINA BEAR 1962 | 7/1/1967 | 7/31/1967 | Standard | Added Date | 2/18/2010 |
| CHINA BEAR 1962 | 6/1/1970 | 6/30/1970 | Standard | Added Date | 2/18/2010 |
| CLEARWATER VICTORY 1945 | 3/1/1967 | 3/31/1967 | Standard | Added Ship and Date | 2/18/2010 |
| COHOCTON AO-101; T-AO-101 | 3/1/1955 | 5/1/1955 | Standard | Added Ship and Date Range | 2/18/2010 |
| COMPETENT AM-316 | 12/1/1954 | 12/31/1954 | Standard | Added Ship and Date | 2/18/2010 |
| CONNER DD-582 | 11/1/1955 | 11/30/1955 | Standard | Added Ship and Date | 2/18/2010 |
| DAVID W. TAYLOR DD-551 | 1/1/1952 | 1/31/1952 | Standard | Added Ship and Date | 2/18/2010 |
| ELLIOT DD-146; DMS-4; AG-104 | 8/1/1945 | 8/31/1945 | Standard | Added Ship and Date | 2/18/2010 |
| EPPING FOREST LSD-4 | 10/1/1958 | 10/31/1958 | Standard | Added Ship and Date | 2/18/2010 |
| GOSS DE-444 | 12/1/1954 | 12/31/1954 | Standard | Added Date | 2/18/2010 |
| GUEST DD-472 | 9/1/1955 | 11/1/1955 | Standard | Added Ship and Date Range | 2/18/2010 |
| HAMPTON APA-115 | 11/1/1944 | 11/30/1944 | Standard | Added Ship and Date | 2/18/2010 |
| HARRY LEE APA-10; AP-17 | 3/1/1944 | 10/1/1944 | Standard | Added Date Range | 2/18/2010 |
| HEATHER WAGL-331; WLB-331 | 12/1/1958 | 12/31/1958 | Standard | Added Ship and Date | 2/18/2010 |
| HECTOR AR-7 | 1/1/1943 | 1/31/1943 | Standard | Added Date NOTE: only the year was provided; no month |
2/18/2010 |
| HONGKONG BEAR 1952 | 1/1/1967 | 1/31/1967 | Standard | Added Date | 2/18/2010 |
| HONGKONG BEAR 1952 | 3/1/1967 | 3/31/1967 | Standard | Added Date | 2/18/2010 |
| HONGKONG BEAR 1952 | 9/1/1968 | 9/30/1968 | Standard | Added Date | 2/18/2010 |
| HONGKONG BEAR 1952 | 12/1/1965 | 12/31/1965 | Standard | Added Date | 2/18/2010 |
| JASON ARH-1; AR-8 | 2/1/1943 | 02/31/1943 | Standard | Added Date NOTE: only the year was provided; no month |
2/18/2010 |
| JOSEPH A. HOLMES 1943 | 11/1/1944 | 11/30/1944 | Standard | Added Date | 2/18/2010 |
| KASKASKIA AO-27 | 1/1/1943 | 1/31/1943 | Standard | Added Date NOTE: only the year was provided; no month |
2/18/2010 |
| KENNEBEC AO-36 | 5/1/1954 | 5/31/1954 | Standard | Added Ship and Date | 2/18/2010 |
| KINZER DE-232; APD-91 | 8/1/1945 | 8/31/1945 | Standard | Added Date | 2/18/2010 |
| KLAMATH FALLS 1943 | 3/1/1944 | 10/1/1944 | Standard | Added Date Range | 2/18/2010 |
| KLONDIKE AD-22; AR-22 | 3/1/1944 | 10/1/1944 | Standard | Added Date Range | 2/18/2010 |
| KNAPP DD-643 | 2/1/1945 | 2/28/1945 | Standard | Added Ship and Date | 2/18/2010 |
| KOREAN BEAR 1955 | 8/1/1955 | 8/31/1955 | Standard | Added Date | 2/18/2010 |
| L.P. SAINT CLAIR 1939 | 10/1/1946 | 10/31/1946 | Standard | Added Date | 2/18/2010 |
| L.P. SAINT CLAIR 1939 | 10/1/1947 | 10/31/1947 | Standard | Added Date | 2/18/2010 |
| L.P. SAINT CLAIR 1939 | 5/1/1948 | 5/31/1948 | Standard | Added Date | 2/18/2010 |
| L.P. SAINT CLAIR 1939 | 5/1/1950 | 5/31/1950 | Standard | Added Date | 2/18/2010 |
| L.P. SAINT CLAIR 1939 | 10/1/1951 | 10/31/1951 | Standard | Added Date | 2/18/2010 |
| L.P. SAINT CLAIR 1939 | 5/1/1954 | 5/31/1954 | Standard | Added Date | 2/18/2010 |
| L.P. SAINT CLAIR 1939 | 9/1/1954 | 9/30/1954 | Standard | Added Date | 2/18/2010 |
| L.P. SAINT CLAIR 1939 | 9/1/1959 | 9/30/1959 | Standard | Added Date | 2/18/2010 |
| L.P. SAINT CLAIR 1939 | 10/1/1945 | 10/31/1945 | Standard | Added Date | 2/18/2010 |
| L.P. SAINT CLAIR 1939 | 5/1/1949 | 5/31/1949 | Standard | Added Date | 2/18/2010 |
| L.P. SAINT CLAIR 1939 | 12/1/1950 | 12/31/1950 | Standard | Added Date | 2/18/2010 |
| L.P. SAINT CLAIR 1939 | 5/1/1955 | 5/31/1955 | Standard | Added Date | 2/18/2010 |
| LCT (6)-1283; YFU-37 | 2/1/1963 | 2/28/1963 | Standard | Added Ship and Date | 2/18/2010 |
| LCT-562; YSU-4 | 3/1/1961 | 3/31/1961 | Standard | Added Ship and Date | 2/18/2010 |
| LCT-592; YFU-5 | 10/1/1962 | 10/31/1962 | Standard | Added Ship and Date | 2/18/2010 |
| LCT-686; YFU-12 | 8/1/1961 | 8/31/1961 | Standard | Added Ship and Date | 2/18/2010 |
| LEARY DD-879; DDR-879 | 4/1/1956 | 4/30/1956 | Standard | Added Ship and Date | 2/18/2010 |
| LELAND E. THOMAS DE-420 | 6/1/1954 | 6/30/1954 | Standard | Added Date | 2/18/2010 |
| LESLIE LB KNOX DE-580 | 4/1/1954 | 4/30/1954 | Standard | Added Ship and Date | 2/18/2010 |
| LINFIELD VICTORY 1945 | 6/1/1967 | 6/30/1967 | Standard | Added Ship and Date | 2/18/2010 |
| LOMPOC 1945 | 1/1/1954 | 1/31/1954 | Standard | Added Date | 2/18/2010 |
| LONGVIEW VICTORY 1945 | 2/1/1967 | 2/28/1967 | Standard | Added Ship and Date | 2/18/2010 |
| LUMBERLADY 1919 | 12/1/1949 | 12/31/1949 | Standard | Added Date | 2/18/2010 |
| MANNING DE-199 | 3/1/1955 | 3/31/1955 | Standard | Added Ship and Date | 2/18/2010 |
| MARSHFIELD VICTORY 1944 | 3/1/1944 | 10/1/1944 | Standard | Added Date Range | 2/18/2010 |
| MARVEN 1944 | 6/1/1953 | 6/30/1953 | Standard | Added Ship and Date | 2/18/2010 |
| MARY BALL 1943 | 3/1/1944 | 10/1/1944 | Standard | Added Date Range | 2/18/2010 |
| MERCY AH-8 | 1/1/1943 | 1/31/1943 | Standard | Added Date NOTE: only the year was provided; no month |
2/18/2010 |
| MERCY AH-8 | 3/1/1944 | 10/1/1944 | Standard | Added Date Range | 2/18/2010 |
| MISSION SAN DIEGO 1944 | 4/1/1945 | 4/30/1945 | Standard | Added Date | 2/18/2010 |
| MORMACDOVE 1944 | 12/1/1966 | 12/31/1966 | Standard | Added Date | 2/18/2010 |
| NAESS SATURN 1956 | 11/1/1967 | 11/30/1967 | Standard | Added Date | 2/18/2010 |
| NEW LONDON 1943 | 1/1/1944 | 3/1/1944 | Standard | Added Date Range | 2/18/2010 |
| OCEAN CARRIER 1943 | 11/1/1964 | 11/30/1964 | Standard | Added Date | 2/18/2010 |
| OLYMPIC GAMES 1948 | 10/1/1956 | 10/31/1956 | Standard | Added Ship and Date | 2/18/2010 |
| OREGON BEAR 1952 | 1/1/1968 | 1/31/1968 | Standard | Added Date | 2/18/2010 |
| ORION COMET 1953 | 8/1/1957 | 8/31/1957 | Standard | Added Date | 2/18/2010 |
| PAMANSET 1943 | 10/1/1954 | 10/31/1954 | Standard | Added Ship and Date | 2/18/2010 |
| PASIG AO-91; AW-3 | 3/1/1951 | 3/31/1951 | Standard | Added Date | 2/18/2010 |
| PAUL M. GREGG 1941 | 1/1/1943 | 1/31/1943 | Standard | Added Date NOTE: only the year was provided; no month |
2/18/2010 |
| PHILIPPINE BEAR 1962 | 6/1/1967 | 6/30/1967 | Standard | Added Date | 2/18/2010 |
| PHILIPPINE BEAR 1962 | 10/1/1968 | 10/31/1968 | Standard | Added Date | 2/18/2010 |
| PHILIPPINE TRANSPORT 1944 | 2/1/1952 | 2/28/1952 | Standard | Added Date | 2/18/2010 |
| PLUMAS COUNTY LST-1083 | 7/1/1958 | 7/31/1958 | Standard | Added Date | 2/18/2010 |
| PONTCHARTRAIN WGB-70; WHEC-70 | 3/1/1961 | 3/31/1961 | Standard | Added Date | 2/18/2010 |
| PRESIDENT HARDING 1945 | 11/1/1964 | 11/30/1964 | Standard | Added Date | 2/18/2010 |
| PRESIDENT MCKINLEY 1946 | 3/1/1968 | 3/31/1968 | Standard | Added Date | 2/18/2010 |
| R.C. STONER 1943 | 3/1/1944 | 10/1/1944 | Standard | Added Date Range | 2/18/2010 |
| RAPHAEL SEMMES 1942 | 5/1/1951 | 5/31/1951 | Standard | Added Ship and Date | 2/18/2010 |
| REDNOUR APD-102; DE-592 | 8/1/1945 | 8/31/1945 | Standard | Added Ship and Date | 2/18/2010 |
| ROBERT H. SMITH DD-735; DM-23; MMD-23 | 11/1/1954 | 11/30/1954 | Standard | Added Ship and Date | 2/18/2010 |
| SAUGATUCK AO-75; T-AOT-75 | 4/1/1945 | 4/30/1945 | Standard | Added Date | 2/18/2010 |
| SEAMAR 1944 | 4/1/1951 | 4/30/1951 | Standard | Added Ship and Date | 2/18/2010 |
| SEAMAR 1944 | 6/1/1959 | 9/1/1959 | Standard | Added Ship and Date Range | 2/18/2010 |
| SEATRAIN SAVANNAH 1932 | 1/1/1967 | 1/31/1967 | Standard | Added Ship and Date | 2/18/2010 |
| SEATRAIN SAVANNAH 1932 | 4/1/1968 | 4/30/1968 | Standard | Added Ship and Date | 2/18/2010 |
| SHELBY APA-105 | 8/1/1945 | 8/31/1945 | Standard | Added Ship and Date | 2/18/2010 |
| STANVAC HONG KONG 1944 | 2/1/1949 | 02/31/1949 | Standard | Added Date | 2/18/2010 |
| STEEL CHEMIST 1943 | 5/1/1949 | 5/31/1949 | Standard | Added Date | 2/18/2010 |
| TALISSE 1930 | 10/1/1944 | 10/31/1944 | Standard | Added Date | 2/18/2010 |
| TALUGA AO-62; T-AO-62 | 3/1/1955 | 5/1/1955 | Standard | Added Date Range | 2/18/2010 |
| THETIS 1959 | 9/1/1961 | 9/30/1961 | Standard | Added Date | 2/18/2010 |
| TIOGA COUNTY LST-1158 | 10/1/1960 | 10/31/1960 | Standard | Added Date | 2/18/2010 |
| TJISADANE 1931 | 1/1/1946 | 1/31/1946 | Standard | Added Date | 2/18/2010 |
| TOSARI 1919 | 3/1/1944 | 10/1/1944 | Standard | Added Date Range | 2/18/2010 |
| TULLAHOMA 1944 | 9/1/1946 | 9/30/1946 | Standard | Added Date | 2/18/2010 |
| UNADILLA ATA-182 | 10/1/1954 | 10/31/1954 | Standard | Added Ship and Date | 2/18/2010 |
| W.B. AYER 1943 | 10/1/1944 | 10/31/1944 | Standard | Added Ship and Date | 2/18/2010 |
| WALTER C. WANN DE-412 | 1/1/1946 | 1/31/1946 | Standard | Added Ship and Date | 2/18/2010 |
| WEXFORD COUNTY LST-1168 | 6/1/1959 | 9/1/1959 | Standard | Added Date Range | 2/18/2010 |
| WILLIAMS DE-372 | 11/1/1945 | 11/30/1945 | Standard | Added Ship and Date | 2/18/2010 |
| WINSLOW HOMER 1942 | 6/1/1945 | 6/30/1945 | Standard | Added Ship and Date | 2/18/2010 |
| WM SCOTT | 2/1/1945 | 2/28/1945 | Standard | Added Ship and Date | 2/18/2010 |
| WOLVERINE STATE 1945 | 1/1/1954 | 1/31/1954 | Standard | Added Date | 2/18/2010 |
| YD-156 | 10/1/1956 | 12/1/1956 | Standard | Added Ship and Date Range | 2/18/2010 |