Unknown Tort Claim definition
Unknown Tort Claim means any Tort Claim for which no Proof of Claim is filed or deemed filed on or before the Bar Date by a Tort Claimant (as opposed to the Proof of Claim filed by the Unknown Claims Representative) or for which a Proof of Claim is filed after the Bar Date if the Person asserting the Tort Claim:
Unknown Tort Claim means a Tort Claim that arises from, relates to, or arises in connection with Abuse, the earliest incident of which occurred before the Petition Date: (i) for which no Proof of Claim is filed or deemed filed on or before the Bankruptcy Plan Effective Date or which is not otherwise allowed by the Bankruptcy Court by the Bankruptcy Plan Effective Date, and (ii) which is held by a Person who at the time of the Claims Bar Date was under a disability or other condition recognized by New Mexico law, or other applicable law, suspending the running of the statute of limitations period, that would toll the statute of limitations for such Claim.
Unknown Tort Claim means any Tort Claim that is neither filed, nor deemed filed, by the Bar Date (as opposed to the Proof of Claim filed by an Unknown Claims Representative and is held by an individual who (i) was between the Bar Date and the Plan Effective Date continuously under a disability recognized by Minn. Stat. § 541.15, subds. 1, 2 and 3 (or other applicable law of any other jurisdiction suspending the running of the limitation period, if any, other than Minn. Stat. § 541.15, subd. 4); (ii) has a Tort Claim that was barred by the statute of limitations as of the Bar Date but is no longer barred by the applicable statute of limitations for any reason, including the enactment of legislation that revives previously time-barred Tort Claims; (iii) demonstrates he or she was incapable of knowing of the existence of his or her Tort Claim as of the Bar Date for any reason, including alleged memory repression or suppression; or (iv) as otherwise defined by subsequent order of the Bankruptcy Court.
More Definitions of Unknown Tort Claim
Unknown Tort Claim means any Tort Claim that is neither filed, nor deemed filed, by the proof of claim bar date in the Diocese’s bankruptcy case (“Claim Filing Date”) and is held by an individual who: (i) was continuously between the Claim Filing Date and the Plan’s effective date under a disability recognized by Minn. Stat. § 541.15, subds. 1, 2, and 3 (or other applicable law suspending the running of the limitation period, if any, other than Minn. Stat. § 541.15, subd. 4); (ii) has a Tort Claim that was barred by the statute of limitations as of the Claim Filing Date, but is no longer barred by the applicable statute of limitations for any reason, including the enactment of legislation that revises previously time-barred Tort Claims; (iii) claims he or she was incapable of knowing of the existence of his or her Tort Claim as of the Claim Filing Date for any reason, including alleged memory repression or suppression; or as otherwise defined by subsequent order of the Bankruptcy Court; or (iv) any other individual or class of individuals the UCR can identify that would have a Tort Claim on, or prior to, the effective date of the Plan.
Unknown Tort Claim means a Tort Claim relating to Abuse that occurred on or before the Effective Date for which (a) no proof of Claim is filed or deemed filed on or before the Claims Bar Date; (b) a proof of Claim is filed after the Claims Bar Date, if the Entity asserting the Tort Claim (i) is under eighteen years of age on the Claims Bar Date; (ii) neither discovered nor reasonably should have discovered before the Claims Bar Date that his or her injury was caused by Abuse; (iii) has a Tort Claim that was barred by the applicable statute of limitations as of the Claims Bar Date but is no longer barred by the applicable statute of limitations for any reason, including, for example, the passage of legislation that revives such previously time-barred Tort Claims; or (iv) any other individual or class of individuals the Unknown Claim Representative can identify that would have a Claim prior to the Effective Date.
Unknown Tort Claim means a Tort Claim relating to Abuse that occurred on or before the Effective Date for which no proof of Claim is filed or deemed filed on or before the Claims Bar Date and one of the following condition applies (a) the Claimant is under eighteen years of age on the Claims Bar Date; or (b) the Claimant neither discovered nor reasonably should have discovered before the Claims Bar Date that his or her injury was caused by Abuse on account of one of the following: (i) Claimant's insanity or other mental illness; or (ii) the Claimant was a member of the United States Armed Services deployed in active duty on the Claims Bar Date. For the avoidance of doubt, an Unknown Tort Claim does not include any claim filed after the Claims Bar Date which does not satisfy either (a) or (b) of the proceeding sentence.
Unknown Tort Claim means a Tort Claim relating to Abuse that occurred