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BP's allocation of $32.2 billion for spill costs led to record loss of $17 billion for the second quarter.
The company has sold more than $24 billion of assets to raise money to cover the oil spill costs.
The financial hit will be reduced by a $10 billion tax credit the company is entitled to receive for its spill costs.
Since the start of 2010, BP has sold about $65 billion in assets to pay spill costs and reshape the company.
BP, which has spent about $1.5 billion on the cleanup so far, has said it expects to be able to pay all spill costs from its regular operating funds.
The company later increased its estimate to $8.3bn – which is included in its $53.8bn figure for the total spill costs so far – but has since decided against giving further estimates in the face of the uncertainty.
Although BP has insisted it can pay all spill costs and still pay the dividends, the price of BP shares fell an additional 10 percent in New York trading on Monday.
The decision to sell assets to cover the bulk of the spill costs should cut net debt from $23 billion to as low as $10 billion over the next 18 months.
BP will fight hard to minimise that bill, arguing it has already paid $42bn in oil spill costs – other penalties are another one of the eight factors Barbier will assess.
Because of their contracts with BP, Halliburton and Transocean are protected from most spill costs, aside from punitive damages, even if they are all found to have been grossly negligent.
Judge Barbier has already ruled that contracts between BP and its contractors protected the contractors from most spill costs, aside from punitive damages, even if they are all found to have been grossly negligent.
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