Tronox Incorporated Tort Claims Trust

Welcome to the home page of the Tronox Incorporated Tort Claims Trust.  The purpose of this website is to provide claimants and their attorneys with general claim-related information and electronic access to documents and forms relating to the trust distribution processes.

Distribution of the Trust's assets is governed by the Trust Distribution Procedures, which are available for download on the "Resources" page of this site.

The Tronox Incorporated Tort Claims Trust (the “Trust”) was established pursuant to an order of the United States Bankruptcy Court for the Southern District of New York (the “Court”) to receive and process claims against Tronox Incorporated for personal injury or property damage. Claims are processed and paid in accordance with the Trust Distribution Procedures.

  • Category A: Asbestos Claims and Future Tort Claims
  • Category B: Indirect Environmental Claims
  • Category C: Property Damage Claims
  • Category D: Non-Asbestos Toxic Exposure Claims

A separate fund is established for each of these Categories. None of the funds established for any of the Categories is sufficient to pay in full all of the claims that are expected to be allowed in that Category. The Procedures provide that claims that are allowed by the Trust in each Category are to receive a pro rata share of the funds designated for payment of claims in that Category.

Questions?  You can contact the Trust's helpline via email at tronoxtorttrust@epiqglobal.com or by phone, toll free, at (800) 753-2480.

 

Future Tort Claims

The Trust was established, in part, to compensate two categories of personal injury claims (Category D and Future Tort Claims).  Category D Claims are for those individuals who filed a claim with the Court, in the bankruptcy proceedings which established the Trust and its initial funding, prior to August 12, 2009.  Future Tort Claims are generally for those individuals whose injuries did not manifest or were not diagnosed until after August 12, 2009.  The Court effectively set August 12, 2009 as the date after which submitted claims could only be considered as potential Future Tort Claims. 

In December 2012, the Trust began receiving Future Tort Claims. The number of Future Tort Claims that have been received by the Trust (nearly 40,000) is about ten times the number that were expected at the time the Trust was established. As of 2017, more than 6,200 Future Tort Claims had been granted.  However, more than 11,000 Future Tort Claims had been denied for lack of eligibility.  Subsequently, 4,676 of those denied Future Tort Claimants filed motions with the Court challenging the Trust’s disallowal of their claims, and asking the Court to allow their Future Tort Claims to proceed. On April 25, 2018, the Trust filed its response to those motions. Since April 2018 the Court has been carefully reviewing each individual motion that was filed in order to render a decision on each case. 

In March 2021, the Court announced that it had rendered decisions on each of those 4,676 Motions seeking Court approval to allow those Future Tort Claims to proceed. The Hon. Michael Wiles issued a lengthy 81 page Opinion explaining his overall findings, as well as a specific decision on every single case.  The Court waited to issue an official Order entering those decisions to allow time for each movant to receive notice of the ruling on his/her motion.  On July 9, 2021, all rulings were mailed out. 

The Court’s overall Opinion can be read here.  The Court’s decision on each of the 4,676 individual motions can be found here

The individual rulings are searchable by Name or Docket Number.  If you filed a Motion, you can search for your individual ruling by Name, by holding down the “Control” button and the “F” button at the same time and typing in your last name in the search bar. If there are multiple movants with the same last name, you will need to tab through each of those selected last names until you see your ruling. There will be arrows that will guide you to the next applicable name.

If you know the Docket Number of your Motion, you can likewise search by Docket Number, by holding down the “Control” button and the “F” button at the same time and typing in your Docket Number in the search bar. 

Again, only individuals who filed motions with the Court challenging the Trust’s denial of their claim will see a ruling on their claim. If you did not file a Motion with the Court you will not see a ruling.  If the Trust previously allowed your Future Tort Claim there is no need to take any further action at this time.  Your claim has been processed and is waiting in the queue for the total number of allowed claimants to be finalized, and each claimant’s pro rata share of the award to be determined.  

While the Court was reviewing these motions, no Category A Future Tort Claim payments could be made because the final number of approved claimants could not be established. Nor could the Trust determine the appropriate pro rata share of the award value that each Future Tort Claim is entitled to receive. 

Since the Court has now issued its Decision, the Trust will continue processing Future Tort Claims pursuant to the Court’s rulings.  But, the Trust does not expect to finalize the number of approved claimants, and each approved claimant’s pro rata share of the award value, until mid-2022. Consequently, no payments will likely be issued to approved Future Tort claimants until mid-2022. 

Based solely upon the number of Category A claims that have been received to date, the Trust is currently projecting that claims in Category A, including Future Tort Claims, will receive less than one percent (1%) of the amount of their scheduled value. The Trust will continue to evaluate the situation, and this percentage may be adjusted if claim filings continue at current levels.

Individuals who hold Category A Claims (including Future Tort Claims) that have been allowed by the Trust will receive written notice directly from the Trust when the Trust is able to make a reasonable determination of the appropriate percentage that Future Tort Claims are entitled to receive. The Trust will provide further general updates on this website when additional information becomes available.

 

 

Payments for Category D Claims

The Trust continues to issue payments to certain claimants.  It is important to understand that the timing of each claimant’s payment will depend on his or her individual circumstances, including, for example, whether he or she has submitted a properly executed Release and Indemnity Agreement, the nature and scope of any Medicare or Medicaid coverage that he or she has had, and any probate, bankruptcy, or similar matters that require resolution.  We will work diligently to ensure that any funds to which you may be entitled are paid to you as quickly as possible, and we appreciate your continued patience during this time.

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