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Published byMatthew Owen Modified over 9 years ago
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National Maritime Services In US, substitute custodian commercial ship & yacht arrests (1991) International custody management for mortgagee banks Sale of commercial vessels Storage of federally-seized vessels & aircraft (1994) National Liquidators Domestic recovery of pleasure yachts, aircraft & RVs (1988) Sale of recovered collateral 30,000+ custody assignments to date Significant legal community involvement
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Preliminary evaluation Determine required resources Nature of arrest claim Ship’s value Claimant creditworthiness Goals Ensure safety of vessel, cargo & crew Control costs Preserve/enhance vessel value Prevent additional claims
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Custody Costs MoneySpent Time Discreet vessel tracking/location Discreet vessel tracking/location On-board licensed watchman/keeper On-board licensed watchman/keeper Crew assessment Crew assessment Insurance Insurance Negotiate dockage/shift to anchorage Negotiate dockage/shift to anchorage Fuel, provisions & other necessaries Fuel, provisions & other necessaries Cargo & passenger discharge Cargo & passenger discharge Court reporting & expert witness Court reporting & expert witness Interaction with authorities Interaction with authorities Vessel sales Vessel sales Post-sale management Post-sale management
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Obtain crew list, pay records, contracts Obtain crew list, pay records, contracts Assess loyalty of master & crew Assess loyalty of master & crew Clear medical issues Clear medical issues Determine & maintain proper immigration status Determine & maintain proper immigration status Crew reduction/cost savings opportunity Crew reduction/cost savings opportunity – Honor safe manning requirements – Repatriate
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Owner’s 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 Custodian’s liability Custodian’s 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
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Monitor initial inquiries – grapevine Monitor initial inquiries – grapevine Accumulate list of likely bidders Accumulate list of likely bidders Survey & complete specifications Survey & complete specifications Utilize crew to assist Utilize crew to assist Promote, promote, promote Promote, promote, promote Claimant’s protective bid strategy Claimant’s protective bid strategy
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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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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
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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
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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
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Claim resulted from CCNI Antartico accident in Ecuador Claim resulted from CCNI Antartico accident in Ecuador Simultaneous bunkers & container attachments in 4 ports Simultaneous bunkers & container attachments in 4 ports Determined port arrival details of each ship Determined port arrival details of each ship Confirmed ownership of recent bunker purchases Confirmed ownership of 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
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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 officer’s assistance Significant communication to ensure ship officer’s 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)
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