St. Croix Claims
Hess Oil Virgin Islands Corporation (“HOVIC”), now called HONX, constructed, owned, and operated an Oil Refinery from 1965 to 1998 on St. Croix, U.S. Virgin Islands. Workers at this Oil Refinery (and family members and others who came in contact with these workers) may have been exposed to asbestos between 1965 and 1998. HONX has now filed for bankruptcy. This case is filed in the U.S. Bankruptcy Court for the Southern District of Texas, and the case is known as In re HONX, Inc., No. 22-90035 (Bankr. S. D. Texas). The Bankruptcy Court judge overseeing the case is Judge Marvin Isgur.
For additional information about what HONX hopes to achieve through the Chapter 11 process and what HONX is doing to ensure compensation for asbestos-related claimants, please visit: https://cases.stretto.com/honx.
FOR THE OFFICIAL APPROVED NOTICES FROM THE BANKRUPTCY COURT PLEASE CLICK HERE.
| UNA VERSIÓN EN ESPAÑOL | UNE VERSION EN FRANÇAIS | YON VÈSYON AN KREYÒL FRANSE |
If you believe you were exposed to asbestos from the St. Croix Oil Refinery and have been diagnosed with or are sick with an asbestos-related illness,
you need to file your claim against HONX by 5:00 p.m. (Central Time) on March 17, 2023.
If you do not file an Asbestos Proof of Claim by March 17, 2023 at 5:00 p.m. (Central Time) you will lose rights to any potential compensation from HONX.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS BANKRUPTCY CASE | |
| FILE A PROOF OF CLAIM | The only way to get compensation from HONX for any asbestos-related illness you currently have is to file a proof of claim. If you are experiencing symptoms but have not been diagnosed with an asbestos-related illness, you must submit a claim. |
| DO NOTHING | You will receive no compensation from HONX for your current asbestos-related illness if you do not file a proof of claim. |
- Why was this notice issued?
HONX has filed a chapter 11 bankruptcy case in the United States Bankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”). The Bankruptcy Court set a deadline for filing claims against HONX for asbestos exposure from the Oil Refinery on St. Croix, U.S. Virgin Islands (the “Oil Refinery”) between 1965 and 1998 (see Question 2 for more information on HONX).
This case is called In re HONX, Inc., No. 22-90035 (Bankr. S.D. Tex.). The Bankruptcy Court judge overseeing the case is Judge Marvin Isgur. The Bankruptcy Court authorized HONX to notify potential claimants, including workers at the Oil
Refinery, their family members, and others who may have come in contact with asbestos from the Oil Refinery. You have the right to file a claim against HONX in the bankruptcy case if you were exposed to asbestos from the Oil Refinery. You are required to file an Asbestos Proof of Claim on or before March 17, 2023 at 5:00 p.m. (Central Time).
- What is HONX?
HONX is a corporation that is owned by Hess Corporation, a global oil and gas company. HONX constructed, owned, and operated an Oil Refinery on St. Croix, U.S. Virgin Islands from 1965 until 1998. During the time HONX constructed, owned, and operated the Oil Refinery, it was called HOVIC. HONX is a non-operating company whose primary activity is to defend against asbestos and other litigation related to its prior ownership and operation of the Oil Refinery.
In 1998, HONX partnered with a subsidiary of the national oil company, Venezuela, Petróleos de Venezuela, S.A., to form HOVENSA L.L.C, each owning a 50% membership interest. HOVENSA operated the Oil Refinery from October 1998 until its closure in 2015.
- What is Chapter 11?
Chapter 11 of the Bankruptcy Code allows a debtor (bankruptcy filer) to either reorganize or sell (liquidate) its business for the benefit of its creditors, interest holders, claimants, and other parties.
The main objectives of chapter 11 are to:
- Propose a plan of reorganization (to manage debt or claims) or liquidation (selling off assets to pay debt or claims),
- Have eligible claimants (claim holders) or investors vote to accept or reject the plan, and
- Implement the plan after the court approves it.
- What is asbestos?
Asbestos is a fiber that was used as insulation in wires, pipes, boilers, generators, steam traps, pumps, valves, electrical boards, gaskets, packing material, turbines, compressors, cement, and cement pipes.
Asbestos-related illnesses can be very serious and include diseases such as mesothelioma, lung cancer, laryngeal cancer, esophageal cancer, pharyngeal cancer, stomach cancer, asbestosis, and pneumoconiosis. Asbestos-related illness can occur decades after the exposure to asbestos that caused the illness.
- How do I know if I have an Asbestos Claim?
In this bankruptcy, an Asbestos Claim is any claim for costs or damages from, or related to, any asbestos-related injury, disease, or death that became known to you (manifested, became evident, or was diagnosed) by April 28, 2022. Asbestos claims include: (1) those that have been filed against HONX but have not been resolved, dismissed, or settled and (2) those that have not yet been filed against HONX.
You may have a claim if you believe any of the following were the result of your exposure to asbestos or asbestos-containing products or materials from the Oil Refinery: bodily injury, death, sickness, disease, emotional distress, fear of cancer, medical monitoring, or other personal injuries (whether physical, emotional, or otherwise).
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Who should file an Asbestos Proof of Claim?
Anyone who believes they have a claim against HONX for asbestos-related illness must submit a claim to be eligible for compensation from HONX. People could have been exposed to asbestos if they or a family member worked at the Oil Refinery as an employee or contractor, or in any other role. Claims may also be filed on behalf of a family member who is deceased, incapacitated, or a minor.
If you are experiencing symptoms but have not been diagnosed with an asbestos-related illness, you must submit a claim to preserve your right to compensation from HONX.
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What if I am still not sure if I have an Asbestos Claim?
You should consult with an attorney if you have any questions, including whether you should file a claim.
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How can I file my Asbestos Proof of Claim?
If you have not previously submitted a claim in this bankruptcy case, you need to submit an Asbestos Proof of Claim by 5:00 p.m. (Central Time) on March 17, 2023. If you have questions, you can contact your attorney or call 1-855-345-6272 (toll-free) or 949-236-4562 (international) to speak to the Claims Agent. The Claims Agent can provide information about how to file a claim, but they cannot offer any legal advice.
You can also contact the Official Committee of Unsecured Creditors at HONXClaimantInfo@akingump.com. -
What information do I have to provide in the Asbestos Proof of Claim?
You will need to fill out a proof of claim form and provide (a) information about your relationship to the Refinery; (b) information about the type and basis of your diagnosis; and (c) provide information about lawsuits and other trusts from which you may have received payment related to your injury.
All sensitive information disclosed in the proof of claim form will be sent through a confidential portal to make sure that no confidential health information or other personal information is made public.
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What could be released under the plan of reorganization?
Please note that HONX is the only Debtor in this case. If you believe you may have a claim against any other organization for your asbestos-related illness, you must take additional legal action to preserve and pursue such claim. To be clear, claims against HOVIC are also part of this bankruptcy.
Please be aware that in this bankruptcy HONX intends to seek a release of and injunction with its parent company, Hess Corporation, through the Bankruptcy Code, including, but not limited to 11 U.S.C. § 524(g), in connection with any potential liability that Hess Corporation might have for Asbestos Claims. The Bankruptcy Court has not determined that filing an Asbestos Proof of Claim against the Debtor means it has authority over your claim against Hess. If the Bankruptcy Court approves a release and injunction, these provisions could prevent you from filing lawsuits against HONX or Hess Corporation related to any Asbestos Claim. Instead, a proposed Plan for HONX could channel these claims to a trust for claimants with asbestos-related illnesses. Please note that a Plan has not yet been proposed or agreed to by any parties in this bankruptcy. Once it becomes available, you should carefully review the full text of the plan of reorganization release, injunction, and related provisions and any applicable release provision at https://cases.stretto.com/honx. -
What happens if I do not file an Asbestos Proof of Claim?
If you do not submit a completed Asbestos Proof of Claim to the Claims Agent on or before March 17, 2023 at 5:00 p.m. (Central Time) you may not be able to:
- Vote on HONX’s plan of reorganization, or
- Receive any compensation in the HONX bankruptcy case for your current Asbestos Claim against HONX.
You may want to consult with an attorney regarding if you should file an Asbestos Proof of Claim.