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- Maritime; bankruptcy; vessel; vessel-arrest; custodia legis; lien; maritime liens; Ninth Circuit; circuit split; jurisdiction; bankruptcy reform act; Fifth Circuit; Second Circuit; in rem; Article III; UCC; record; perfect; bona-fide purchaser; priority; security interest; automatic stay; debtor; creditor; secured; unsecured; judicial liens; statutory liens; Moran v. Sturges; The Philomena; In re J.S. Gissel & Co.; United States v. LeBouf Bros. Towing Co. Inc: § 362; sub silentio; § 541; ZP Chandon; The United States Maritime Administration; mortgage; (1)
- Offshore; offshore drilling; drilling; oil; oil and gas; gas; offshore lease; lease; breach of contract; lease breach; america first; ANWR; drilling ban; energy; energy law; exploration; regulation; deregulation; interference; interfere; breach; contract law; Winstar; Century; Century Exploration; Deepwater Horizon; OCS; Mobil Oil; Amber Resources; 1334; 1337; lease plan; BOEM; BSEE; Secretary of the Interior; CZMA; 68 Fed. Cl. 535; expectation; reliance; repudiation; damages; EP; NTL-06; Lessee; Lessor; DOI; Century; Sovereign Acts; drilling rig; gateway; sunk expenditures; survey cost; exploratory drilling; Cardiosom; risk; regulatory change; regulations (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts
Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts
Brooklyn Journal of Corporate, Financial & Commercial Law
Federal courts have had trouble fitting maritime law into the bankruptcy scheme created by the Bankruptcy Code (the Code). Particularly troublesome have been vessel-arrest proceedings that are underway when the vessel’s owner files for bankruptcy. Prior to the enactment of the Code, courts applied the doctrine of custodia legis to decide whether the admiralty or the bankruptcy court would administer the vessel. Since the Code was enacted, courts have generally held that the bankruptcy court gained control. A recent Ninth Circuit decision, however, split with other circuits and seems to have revived custodia legis. This Note argues that the Ninth …
Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele
Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele
Brooklyn Journal of Corporate, Financial & Commercial Law
Offshore drilling accounts for billions of dollars in tax revenue every year. It is a pillar of the energy industry and is crucial to the economy. A recent flurry of deregulation, accelerating with the arrival of the Trump administration, highlights the tremendous impact politics has upon the profitability of this sector. The Secretary of the Interior, under the direction of the President, wields the power to regulate and make determinations into where, when, and how private companies can drill offshore. These private companies have contracts with the government for the opportunity to produce and develop oil or gas on the …