Bankruptcy

319. Why does the Settlement Program need to know whether I filed bankruptcy?


Any claim filed by or on behalf of a Settlement Class Member who is or was a debtor in a bankruptcy proceeding (“Bankruptcy Issue Claimant”) may be property of the estate in the Claimant’s bankruptcy proceeding under Section 541 of the Bankruptcy Code if the bankruptcy proceeding was: (a) filed on or after the Retired NFL Football Player’s Qualifying Diagnosis date; or (b) filed before his Qualifying Diagnosis date but remained open and pending as of the Qualifying Diagnosis date. See 11 U.S.C. Section 541. If the Claims Administrator is aware of such a filing, it cannot issue payment to the Claimant until we determine whether the claim is the property of the bankruptcy estate and, if so, whether to pay the Claimant or the bankruptcy estate.


320. How does the Settlement Program identify a Bankruptcy Issue Claimant?


A Settlement Class Member is identified as a Bankruptcy Issue Claimant if:

(a) The Settlement Class Member indicates on the Claim Form that the Retired NFL Football Player or Derivative Claimant is or was a debtor in a bankruptcy proceeding, presents an Order of a Bankruptcy Court, or presents a petition filed with the Bankruptcy Court indicating that he or she is or was a debtor in a bankruptcy proceeding;

(b) A Bankruptcy Trustee or Bankruptcy Court tells the Claims Administrator that the Player or Derivative Claimant is or was a debtor in a bankruptcy proceeding; or

(c) The Claims Administrator determines at any point during claims processing, or is otherwise made aware, that the Player or Derivative Claimant is or was a debtor in a bankruptcy proceeding.

After a Settlement Class Member has been identified as a Bankruptcy Issue Claimant, the Claims Administrator places a hold on the claim to prevent payment until all bankruptcy requirements have been satisfied.


321. How does a current or prior bankruptcy case affect my Monetary Award Claim?


The bankruptcy case will not affect your registration or Claim Package determination. However, if your claim is eligible for payment, the Claims Administrator must complete Bankruptcy Review to determine whether you will be required to provide Bankruptcy Documents before issuing any payment.


322. What is the Bankruptcy Review process?


During Bankruptcy Review, the Claims Administrator verifies the date your bankruptcy proceeding commenced, the chapter under which it was filed and, if applicable, the date the Bankruptcy Court closed or dismissed the case. The Claims Administrator compares this information to the Qualifying Diagnosis date confirmed during the Claims Package review to determine whether the claim may be property of the bankruptcy estate under the United States Bankruptcy Code. If a claim may be property of the bankruptcy estate, the Claimant will be required to provide Bankruptcy Documents before payment can be issued.


323. Which Bankruptcy Issue Claimants must provide Bankruptcy Documents?


The required Bankruptcy Documents depend on the bankruptcy case chapter, case commencement date, case disposition, disposition date and Retired NFL Football Player’s Qualifying Diagnosis date.

(a) Bankruptcy Documents are not required for:

(1) Any Bankruptcy Issue Claimant whose bankruptcy case was dismissed or closed before the Qualifying Diagnosis date; or

(2) Any Chapter 11, 12, or 13 Bankruptcy Issue Claimant whose bankruptcy case is closed if: (a) it was filed before and still pending as of the Qualifying Diagnosis date; and (b) it has been more than 180 days since the entry of an order of confirmation.

(b) Bankruptcy Documents are required for:

(1) All Bankruptcy Issue Claimants with open bankruptcy cases;

(2) Any Chapter 7 Bankruptcy Issue Claimant whose bankruptcy case is closed but was filed before and still pending as of the Qualifying Diagnosis date;

(3) Any Chapter 11, 12, or 13 Bankruptcy Issue Claimant whose bankruptcy case is closed if: (a) it was filed before and still pending as of the Qualifying Diagnosis date; and (b) it has been less than 180 days since the entry of an order of confirmation; and

(4) Any Bankruptcy Issue Claimant whose bankruptcy case is closed but was filed on or after the Qualifying Diagnosis date.


324. What Bankruptcy Documents are required?


If the Claims Administrator determines you must provide Bankruptcy Documents before paying your claim, you must provide either:

(a) An Order from the Bankruptcy Court, a letter or email from the Bankruptcy Trustee, or other official Bankruptcy Documents showing:

(1) The claim was not property of the bankruptcy estate or that it was disclaimed, abandoned, or exempted in the bankruptcy proceeding; or

(2) The Bankruptcy Trustee does not intend to pursue the claim as a potential asset of the bankruptcy estate; or

(3) The Qualifying Diagnosis occurred after entry of a Discharge Order in the case; or

(b) An Order from the Bankruptcy Court:

(1) Approving the Settlement and payment of the claim;

(2) Identifying the person or persons to whom payment is to be made; and

(3) Identifying the person or persons authorized to sign the Claim Form.


325. I received a Notice of Bankruptcy Question Delaying Payment. What does this mean?


The Claims Administrator determined that your payable claim may be property of the bankruptcy estate. Before the Claims Administrator can pay your claim, you must provide:

(a) An Order from the Bankruptcy Court, a letter or email from the Bankruptcy Trustee, or other official Bankruptcy Documents showing:

(1) The claim was not property of the bankruptcy estate or that it was disclaimed, abandoned, or exempted in the bankruptcy proceeding; or

(2) The Bankruptcy Trustee does not intend to pursue the claim as a potential asset of the bankruptcy estate; or

(3) The Qualifying Diagnosis occurred after entry of a Discharge Order in the case; or

(b) An Order from the Bankruptcy Court:

(1) Approving the Settlement and payment of the claim;

(2) Identifying the person or persons to whom payment is to be made; and

(3) Identifying the person or persons authorized to sign the Claim Form.


326. My Bankruptcy Case is closed. Why am I required to provide Bankruptcy Documents?


Even if your case is closed, the claim may still be property of the bankruptcy estate under Section 541 of the United State Bankruptcy Code if the bankruptcy proceeding was filed:

(a) On or after the Retired NFL Football Player’s Qualifying Diagnosis date; or

(b) Before his Qualifying Diagnosis date but remained open and pending as of the Qualifying Diagnosis date.


327. I received a Bankruptcy Trustee Notice. What does this mean?


You previously received a Notice of Bankruptcy Question Delaying Payment which provided 30 days to submit the required Bankruptcy Documents (click here to read an FAQ about Bankruptcy Documents). Because the Claims Administrator had not received the documents requested in that notice, it sent the Bankruptcy Trustee Notice to the Bankruptcy Trustee assigned to your case. If the Bankruptcy Trustee does not respond to the notice within 30 days, the Claims Administrator will presume the bankruptcy estate has no interest in your claim and the Bankruptcy Trustee consents to you receiving direct payment of your claim.


328. My bankruptcy proceeding is closed, and I cannot provide the required Bankruptcy Documents. What can I do?


The Claims Administrator cannot pay your claim without the required Bankruptcy Documents (click here to read an FAQ about Bankruptcy Documents). If you cannot provide these documents, contact the Claims Administrator and explain the situation. The Claims Administrator will help you determine what additional steps are necessary to pay the claim.


329. I received a Bankruptcy Trustee Communication Notice. What does this mean?


The Claims Administrator determined that your claim is subject to an open bankruptcy proceeding where the Bankruptcy Court has assigned a trustee to manage the bankruptcy estate. Until receiving proof that the claim is not property of the bankruptcy estate or the trustee has authorized the Claims Administrator to communicate with you directly, the Claims Administrator will communicate only with and send Notices to the Bankruptcy Trustee.


330. My Bankruptcy Trustee signed the Bankruptcy Trustee Release of Information form. Am I still required to provide Bankruptcy Documents?


Yes, the Bankruptcy Trustee Release of Information form only allows the Claims Administrator to communicate with you while your bankruptcy case remains open. If your claim is payable, you are still required to provide Bankruptcy Documents (click here to read an FAQ about the Bankruptcy Trustee Communication Notice) before the Claims Administrator can pay your claim.