Halliburton Energy Services, Inc./Transocean Punitive Damages & Assigned Claims Settlements

Overview

Forms 1099

Forms 1099 will be issued no later than January 31, 2019, by mail to all claimants with $600 or more in reportable payments made in 2018, regardless of whether payments were cashed in 2018. Please note that address updates submitted post-distribution may not be reflected in the Forms 1099. If you do not receive your Form 1099 by February 14, 2019, please contact the Settlements Program. Form 1099 reissue requests will not be accepted prior to that date. If you have an active Change of Address request with USPS, your 1099 will be forwarded.

Distribution Timeline - Updated 01/11/2019

DHEPDS Assigned Claims “Old Class” Payments

The Motion for Approval of Distribution of the Assigned Claims Portion of the Halliburton Energy Services, Inc. and Transocean Ltd. Settlement Agreements and supporting documentation were filed with the Court on October 30, 2018 and Judge Barbier signed the Order on November 2, 2018. The appeal deadline passed on December 2, 2018. No appeals were filed and the initial distribution to Old Class members, consisting of all individuals and entities that have received a payment from the DHEPDS Court Supervised Settlement Program for compensatory losses associated with the Deepwater Horizon Spill, began on December 17, 2018. Copies of these documents are available on the Court Documents page. See the Old Class Distribution FAQs for additional information.

The Memorandum in Support of the Motion for Approval of Distribution of the Assigned Claims Portion of the Halliburton Energy Services, Inc. and Transocean Ltd. Settlement Agreements (the “Memo”) and its Exhibit 1 detail how claims are calculated.

For parties who received an aggregate payment from the DHEPDS Court Supervised Settlement Program across all claims or an eligible Neutrals payment after any necessary adjustments that were:

  • Less than or equal to $4,763.48, the claimant will receive a minimum $100 payment.
  • Greater than or equal to $6,731,771.35, the claimant will receive a maximum $150,000 payment
  • Between $4,763.48- $6,731,771.35, the claimant will receive 2.2402312936% of the total of all eligible DHEPDS payments.

For more details on what is an “eligible” DHEPDS payment, please review Exhibit 1 to the Memo in paragraphs 8-18.

Quick Reference FAQs regarding the Old Class Distribution:

  • See FAQ 58 for information regarding Response Deadlines and Extension Requests
  • You will not receive a notice with your award amount or any other communication regarding this payment prior to issuance of the payment, assuming you have at least one eligible, previously paid DHEPDS claim.
  • Payments will be issued in the same manner as your original payment. This means, in most instances, if you had an attorney, your attorney will receive your payment. If you did not have an attorney, when your last payment was made, the check will most likely be sent directly to you. If you received a 1099 for your prior payment(s), you will receive a 1099 for this payment as well.
  • If you received multiple payments from the CSSP previously, you will still receive only one aggregate payment in this distribution.
  • Prior liens and bankruptcy trustee holds will be honored.
  • If you have moved or the claimant is now deceased, please review the forms available on the Administrative Forms tab of this website.
  • Claimants who had a claim that was not yet final as of July 9, 2018 (e.g. open response deadlines, a pending DHEPDS internal program appeal, an open discretionary review with the Eastern District of Louisiana, or had been appealed to the US Court of Appeals for the Fifth Circuit will not be included in the initial distribution and will be paid in a later distribution for Reserve Claims.
  • We will continue to post additional details as they become available, including the pro rata for payments and the timeline to expect checks.

Old Class Distribution 1099s

IRS Forms 1099 will be issued January 31, 2019, relating to any distribution proceeds paid in 2018 to a claimant directly or that were paid to an attorney on a claimant’s behalf for the portion of the proceeds related to the Old Class from the HESI-Transocean Assigned Claims Combined Settlements Fund.

The HESI/Transocean Settlements Program will issue one 1099, regardless of the number of reportable underlying claims, in the name of the payee listed in the spreadsheet provided to firms on December 15, 2018, directly to the claimant address on file. The amount in the 1099 may be less than your distribution amount; this does not mean the balance is not taxable, it simply means the Program could not make that determination. Consult with your tax adviser regarding any tax questions as the Program cannot provide tax advice.

If an amended 1099 is required, you or the claimant can submit a request along with the appropriate Dissolved Business Certification and supporting documentation after the 1099 has been received by the claimant. The Settlements Program is only able to issue a 1099 to a single recipient.

Direct Claimant Payments:

The HESI/Transocean Settlements Program will issue one 1099, regardless of the number of reportable underlying claims, in the name of the payee listed on the check to the address on file. If an amended 1099 is required, you can submit a request along with the appropriate Dissolved Business Certification or Certification of Representation for a Deceased, Minor, or Incompetent party and supporting documentation after the 1099 has been received by the claimant. These forms and instructions on the documentation required is available on the Administrative Forms tab of this website. Please note, the Settlements Program is only able to issue a 1099 to a single recipient for each claim, so in instances where proceeds were split, one party will have to be decided upon to receive the 1099.

Payments to an Attorney on Behalf of a Claimant:

The HESI/Transocean Settlements Program will issue one 1099, regardless of the number of reportable underlying claims, in the name of the payee listed in the spreadsheet provided to firms on December 15, 2018, directly to the claimant address on file. If an amended 1099 is required, you or the claimant can submit a request along with the appropriate Dissolved Business Certification and supporting documentation after the 1099 has been received by the claimant. The Settlements Program is only able to issue a 1099 to a single recipient. A Form 1099 will be issued to the claimant even if the attorney may not have forwarded the proceeds to the claimant in 2018.

Please note, firms will receive a 1099 for proceeds using Box 13; firms do not need to issue an additional 1099 to their clients as the Program is doing so.

HESI/Transocean Punitive Damages “New Class” Payments

For the New Class, Patrick A. Juneau has been appointed as the successor New Class Claims Administrator effective November 7, 2018. Prior to distribution, Mr. Patrick Juneau will need to file a Motion, Memorandum in Support, and Proposed Order Approving Partial New Class Distribution. Then, pending Court approval to move forward with distribution and assuming that there are no appeals of the Court’s order at that time, distribution will occur approximately six weeks after the Court enters an approval Order. As a result, the partial distribution for the New Class will not be able to occur by the end of 2018 as originally planned.

This initial, partial distribution will not include payments for any claims that are part of the Real Property claim category, which includes Coastal Real Property, Wetlands Real Property, Real Property Sales, and Oyster Leaseholder. These claims will not be ready for distribution until early 2019, again, pending entry of a Court order approving distribution and no appeals of that Order.

Quick Reference FAQs regarding the New Class Distribution:

  • See FAQ 58 for information regarding Response Deadlines and Extension Requests
  • See the Claims Reconciliation FAQs for Common Questions associated with the New Class Claims Reconciliation Letters mailed August 24-31, 2018.
  • All claimants, even those with an attorney, received a New Class Claim Reconciliation letter. Your attorney received the same information that is in your letter. Please contact your attorney with any questions; the Settlements Program does not generally answer questions for individuals/entities with an attorney.
  • If you have both Real Property and non-Real Property claims eligible for the New Class you will be paid on your non-Real Property claims that are part of the partial distribution as long as the determinations on those claims are final at the time the Distribution Motion to the Court is prepared.
  • Any claims in process, pending appeal, or under Court review that cannot be determined in time to be included as final in the Distribution Motion to the Court will be held in reserve for later distribution.
  • If you have an attorney, he/she will receive your payment. If you do not have an attorney, your payment will be mailed to you.
  • Prior liens and bankruptcy trustee holds will be honored.
  • See FAQ 91 for information regarding the notices recently mailed to claimants subject to potential liens and FAQ 92 for information regarding the lienholder notification letters.
  • We will continue to post additional details as they become available, including the pro rata for payments and the timeline to expect checks

Please review the most recent Status Report for additional details. Status Reports are available for review on the Claims Administrators’ Reports page.

Deficiency Letters

The HESI/Transocean Settlements Program continues to mail deficiency letters for New Class claims on a rolling basis. Please make certain you are including your Claimant ID or a copy of the first page of your deficiency notice with your submission. If we cannot identify the claim to which a particular piece of documentation applies, it may result in denial of your claim. See Deficiency Letters on the Frequently Asked Questions page for more information.

Determination Letters

Determination letters advising on the eligibility status for the underlying sub-claims are also being sent on a rolling basis. If you disagree with the eligibility determination or valuation of the claim based on the Distribution Model, you may complete the Appeal Form included with your determination letter and return it on or before the response deadline. See Determination Letters on the Frequently Asked Questions page for more information.

New Class Court Review Determinations

Court Review Request decisions are posted on the Court Review Determinations page.

General Overview

Halliburton Energy Services, Inc. and Halliburton Company (“HESI”) and Triton Asset Leasing GmbH, Transocean Deepwater Inc., Transocean Offshore Deepwater Drilling Inc., and Transocean Holdings LLC (“Transocean”) each entered into separate settlement agreements with the New Class, which total $1,239,750,000. These settlements will be administered together to decrease administrative costs to the New Class.

There are two groups included in the HESI/Transocean Settlements, the New Class and the Old Class (it is possible to be a member of both Classes).

The New Class will receive punitive damages associated with the Spill based on physical damages to real property and personal property and, to a lesser extent, losses related to commercial fishing, charterboat operations, and subsistence fishing or hunting during the Class Period. Most New Class members will not need to file a claim or provide any documentation to have their eligibility considered.

The Old Class consists of businesses and individuals who previously filed claims for economic losses associated with the Deepwater Horizon oil Spill through the Deepwater Horizon Economic and Property Damages Settlement (DHEPDS) Program.

A summary of Class Members’ Rights and Options can be accessed on this site. The HESI and Transocean Settlement Agreements are available for review or download. The Old and New Class Distribution Plans can also be accessed on this site.

Old Class Eligibility for Court-Appointed Neutrals’ Settled Claims

Per the Order and Reasons, the Court will consider a payment made pursuant to the Neutrals’ process to be an “amount paid to [a] claimant by the DHEPDS Court-Supervised Settlement Program” for purposes of the DHEPDS Class Distribution Model so long as that payment was related to a claim, which, at the time of settlement and withdrawal, had not been fully and finally determined by the Settlement Program (i.e., all opportunities for Re-Review, Reconsideration and/or Appeal to the extent permissible had not been exhausted) and thus remained subject to the CSSP claims process.