Bankruptcy Trumps Admiralty

Monday, August 15, 2005
The U.S. Court of Appeals for the Second Circuit ruled that a bankruptcy court may extinguish maritime liens on vessels where the lienors are before the court, even though the ships are not within the jurisdiction of the court. A shipowner filed for reorganization under Chapter 11 of the Bankruptcy Code. Defendant financial institutions, which held preferred ship mortgages, succeeded in getting the court to convert the action into an involuntary bankruptcy under Chapter 7. Plaintiff lienors filed maritime lien claims and contended that the bankruptcy court lacked authority to extinguish liens on ships that were not within the jurisdiction of the court. The bankruptcy court offered plaintiffs the opportunity to withdraw from the proceeding. After plaintiffs elected to remain, the court ruled that the priority of the preferred ship mortgages was superior to that of the various lien claims. Plaintiffs appealed. The appellate court held that the congressional grant of subject matter jurisdiction to district (and bankruptcy) courts to adjudicate in bankruptcy all property, wherever located, extends to ships that have not been arrested within the court’s jurisdiction and, in the circumstances, the bankruptcy court had equitable jurisdiction to extinguish the lienors’ maritime claims. In re Millenium Seacarriers, Inc., No. 04-0631 (2nd Cir., HK Law).

Legal

El Faro Captain Ordered Crew to Abandon Ship before Sinking

The captain of the doomed El Faro cargo ship sounded an alarm for his crew to abandon the vessel shortly before it sank last fall in a hurricane near the Bahamas, killing all 33 onboard, the U.

Foreship Establishes Tallinn Subsidiary

Naval architect and marine engineering company Foreship has created a wholly-owned subsidiary located in Tallinn to strengthen ties with shipowners, shipyards and

UASC's Dismal Performance

United Arab Shipping Company (UASC), which is close to merging with Hapag-Lloyd, revealed enormous deficits and a massive debt in its key financial figures, says Alphaliner.

Finance

Hellenic Petroleum Profits Rise on Higher Exports

Hellenic Petroleum, Greece's biggest oil refiner, posted a 20 percent rise in second-quarter core profit on Thursday, with higher exports offseting lower refining margins.

China COSCO Falls to H1 Net Loss

China COSCO Holdings Co Ltd fell to a first-half loss hurt by a persistent slump in the global container market, the world's fourth largest container shipper said on Thursday.

Weak Freight Rates push Grindrod to H1 loss

Africa's biggest shipping group Grindrod reported a first-half loss on Thursday, pressured by low global growth and declining dry bulk shipping rates but it expects

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Naval Architecture Navigation Pod Propulsion Port Authority Salvage Ship Electronics Ship Repair
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1450 sec (7 req/sec)