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National Maritime Services Substitute custodian for domestic ships & yacht arrests Substitute custodian for domestic ships & yacht arrests International.

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Presentation on theme: "National Maritime Services Substitute custodian for domestic ships & yacht arrests Substitute custodian for domestic ships & yacht arrests International."— Presentation transcript:

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2 National Maritime Services Substitute custodian for domestic ships & yacht arrests Substitute custodian for domestic ships & yacht arrests International custody management for mortgagee banks International custody management for mortgagee banks Sale of commercial vessels Sale of commercial vessels Storage of federally-seized vessels & aircraft Storage of federally-seized vessels & aircraft National Liquidators (affiliate) Domestic recovery of pleasure yachts & aircraft Domestic recovery of pleasure yachts & aircraft Sale of recovered collateral Sale of recovered collateral

3 National Maritime Services maintains relationships with a diverse referral base Mortgagee banks Mortgagee banks Admiralty attorneys Admiralty attorneys Necessaries providers Necessaries providers Government agencies Government agencies

4 Commercial Ships Yachts

5 Preliminary evaluation Preliminary evaluation – Assess various scenarios – Determine best course of action Judicial foreclosure Judicial foreclosure Self-help & relocation to preferential jurisdiction Self-help & relocation to preferential jurisdiction Contractual remedies Contractual remedies – Execute stock power/convey ownership – Right of offset Asset disposition – sell or operate Asset disposition – sell or operate

6 Ensure safety of vessel & crew Ensure safety of vessel & crew Control costs Control costs Preserve/enhance vessel value Preserve/enhance vessel value Prevent additional liens Prevent additional liens Determine required resources Determine required resources Estimate ship value Estimate ship value Consider nature of claim Consider nature of claim Assess creditworthiness of parties Assess creditworthiness of parties Evaluation Goals

7 Immediately take custody of asset Immediately take custody of asset Existing ship manager is likely conflicted Existing ship manager is likely conflicted Negotiate lien releases with priority claimants Negotiate lien releases with priority claimants Determine long-term plan – sell or operate Determine long-term plan – sell or operate Vessel Sale Wind down existing operation Vessel relocation & layup Judicial sale to cleanse title Create sales plan Continue Operating Vessel Keep asset off lenders balance sheet Utilize SPVs (on shelf, if needed) Avoid equitable subordination claims Hire competent manager for long term

8 Discreet vessel tracking Discreet vessel tracking On-board licensed watchman On-board licensed watchman Crew assessment Crew assessment Insurance Insurance Provisions, bunkers, dockage & shifting Provisions, bunkers, dockage & shifting Cargo & passenger discharge Cargo & passenger discharge Interaction with local authorities Interaction with local authorities Maintain classifications/certifications Maintain classifications/certifications Vessel sales Vessel sales Custody Costs Time MoneySpent

9 Utilize existing crew when feasible Utilize existing crew when feasible Assess loyalty of master & crew Assess loyalty of master & crew Determine immigration status Determine immigration status Identify existing medical issues Identify existing medical issues Compile employment contract information Compile employment contract information Identify unnecessary crew/repatriate Identify unnecessary crew/repatriate

10 Owners existing coverage Payment status of premiums/calls Payment status of premiums/calls Affect of arrest/seizure Affect of arrest/seizure Naming additional insured(s) Naming additional insured(s) Replacement coverage Custodians liability Custodians liability Hull & machinery, P&I, pollution Hull & machinery, P&I, pollution Relocation/final transit and port risk Relocation/final transit and port risk Fixed premium/Limited term Fixed premium/Limited term

11 Accumarine Assets 5 Inland push boats 5 Inland push boats 8 Double skin tank barges 8 Double skin tank barges 2 locations (AL & TX) 2 locations (AL & TX) Sold at auction & post-sale Sold at auction & post-sale 6 different buyers 6 different buyers $7 million+ cumulative price $7 million+ cumulative price M/T Blue Jasper 105,905 dwt Aframax tanker 105,905 dwt Aframax tanker NMS court-appointed custodian NMS court-appointed custodian Collaborated with another S&P broker Collaborated with another S&P broker Validated commercial reasonableness Validated commercial reasonableness $42.5 million sales price $42.5 million sales price M/V Yosemite M/V Yosemite 28,019 dwt bulk carrier 28,019 dwt bulk carrier Eastwind bankruptcy asset Eastwind bankruptcy asset Canadian auction & location Canadian auction & location Utilized crew to make ship sale ready Utilized crew to make ship sale ready Oversaw court sale & staffed auction Oversaw court sale & staffed auction $6 million+ sales price $6 million+ sales price

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13 51,332 dwt product tanker, 2009 build, Singapore registry 51,332 dwt product tanker, 2009 build, Singapore registry Ship mortgage foreclosure - Korea Line (Singapore) Ship mortgage foreclosure - Korea Line (Singapore) Houston, Texas, USA location Houston, Texas, USA location 80 day custody period 80 day custody period Reduced crew to minimum safe manning Reduced crew to minimum safe manning Arranged short-term port risk insurance and P&I coverage Arranged short-term port risk insurance and P&I coverage Negotiated less-expensive berth Negotiated less-expensive berth Resolved complicated crew pay issues - diverse group of claimants Resolved complicated crew pay issues - diverse group of claimants Managed crew injury claim – maintenance & cure Managed crew injury claim – maintenance & cure Assisted in vessel transfer to subsequent owner Assisted in vessel transfer to subsequent owner

14 Claim resulted from CCNI Antartico accident in Ecuador Claim resulted from CCNI Antartico accident in Ecuador Simultaneous bunkers & container attachments in 4 US ports Simultaneous bunkers & container attachments in 4 US ports Determined port arrival details of each ship Determined port arrival details of each ship Confirmed recent bunker purchases Confirmed recent bunker purchases Developed plan to offload and store bunkers Developed plan to offload and store bunkers Claimant received alternate collateral quickly Claimant received alternate collateral quickly

15 Fleet of 12 tugs & 9 barges Fleet of 12 tugs & 9 barges Retained by mortgagee bank Retained by mortgagee bank Cooperative owner surrendered vessels Cooperative owner surrendered vessels Collateral located in 4 different jurisdictions Collateral located in 4 different jurisdictions Provided security, dockage, maintenance, port risk & COFR Provided security, dockage, maintenance, port risk & COFR Substantial interaction with US Coast Guard Substantial interaction with US Coast Guard Other liens necessitated subsequent arrest and judicial sale Other liens necessitated subsequent arrest and judicial sale

16 35 meter commercial fishing vessel, 2000 build, US flag 35 meter commercial fishing vessel, 2000 build, US flag Retained by mortgagee bank Retained by mortgagee bank Self-help recovery, located in Costa Rica Self-help recovery, located in Costa Rica Negotiated release from other Costa Rican claimants Negotiated release from other Costa Rican claimants Relocated to favorable jurisdiction for arrest & judicial sale Relocated to favorable jurisdiction for arrest & judicial sale

17 16,750 dwt combined oil & chemical tanker, 2004 build, Liberia flag 16,750 dwt combined oil & chemical tanker, 2004 build, Liberia flag Ship mortgage foreclosure Ship mortgage foreclosure Located in Houston, Texas, USA Located in Houston, Texas, USA 121 day custody period 121 day custody period Required bio-diesel cargo offload/hired additional AMO crew Required bio-diesel cargo offload/hired additional AMO crew Completed life raft certification to enhance value Completed life raft certification to enhance value Mortgagee acquired at auction (credit bid) & continued trading Mortgagee acquired at auction (credit bid) & continued trading

18 1,475 passenger cruise ship, 900 crew, 1953 build, 1983 refit 1,475 passenger cruise ship, 900 crew, 1953 build, 1983 refit Necessaries claim Necessaries claim 57 day custody period 57 day custody period Significant communication to ensure ship officers assistance Significant communication to ensure ship officers assistance Offload of 1.000+ passengers & luggage, return transportation Offload of 1.000+ passengers & luggage, return transportation Repatriated 260 crew, provided escorts for immigration purposes Repatriated 260 crew, provided escorts for immigration purposes Considerable interaction with INS (immigration officials) Considerable interaction with INS (immigration officials)

19 178 cabin gaming cruise ship, 1975 build, Bahamas flag 178 cabin gaming cruise ship, 1975 build, Bahamas flag Located in Bahamas/retained by Bahamian Admiralty Marshal Located in Bahamas/retained by Bahamian Admiralty Marshal Required significant interaction with Bahamian government Required significant interaction with Bahamian government Alternative claims to gaming equipment Alternative claims to gaming equipment Repatriated unnecessary crew Repatriated unnecessary crew Contingency case Contingency case Vessel ultimately sold as scrap Vessel ultimately sold as scrap

20 Move towards traditional Rule B attachments Move towards traditional Rule B attachments Shippers filing Chapter 11 Shippers filing Chapter 11


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