Selling A Vessel Free And Clear Of A Maritime Lien Pursuant To Section 363 Of The Bankruptcy Code,
2019
St. John's University School of Law
Selling A Vessel Free And Clear Of A Maritime Lien Pursuant To Section 363 Of The Bankruptcy Code, Aram Movaseghi
Bankruptcy Research Library
(Excerpt)
Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor in possession or trustee may sell property of the debtor’s estate. However, a lien on a maritime vessel may make such a sale challenging, in particular because of jurisdictional issues. When a debtor’s assets become subject to the jurisdiction of both admiralty and bankruptcy cases, a complex conundrum arises. Maritime bankruptcies have generated complex legal issues and jurisdictional conflicts that have perplexed practitioners and implicated significant constitutional issues.
Under section 363 of the Bankruptcy Code, a debtor or trustee may seek authority from the court to …
Us Supreme Court Bars Punitive Damages In Unseaworthiness Claims,
2019
University of Washington School of Law
Us Supreme Court Bars Punitive Damages In Unseaworthiness Claims, Craig H. Allen
Articles
To appreciate the reach of the Court's decision on punitive damages for unseaworthiness claims, it is important to understand the federal courts' steady expansion of the class of workers who now qualify as "seamen," the class of floating vessels and structures that now qualify as "vessels," and the strict liability standard for determining whether a vessel is seaworthy.
Maritime Cargo Claims In Vietnam : Practical Issues And The Design Of A Virtual Consultancy Expert System Based On Artificial Intelligience To Assist Non-Lawyer Users,
2018
World Maritime University
Maritime Cargo Claims In Vietnam : Practical Issues And The Design Of A Virtual Consultancy Expert System Based On Artificial Intelligience To Assist Non-Lawyer Users, Thi Mai Phuong Pham, Thi Minh Hang Hoang
World Maritime University Dissertations
No abstract provided.
An Analysis Of The Need For A Pilot Civil Liability Restriction System In South Korea For Marine Safety,
2018
World Maritime University
An Analysis Of The Need For A Pilot Civil Liability Restriction System In South Korea For Marine Safety, Jae Kun Lim
World Maritime University Dissertations
No abstract provided.
Foreward,
2018
Roger Williams University
Foreward, Kristen Van De Biezenbos
Journal of Maritime Law and Commerce
No abstract provided.
The Case For Using The Law Of Salvage To Preserve Underwater Cultural Heritage: The Integrated Marriage Of The Law Of Salvage And Historic Preservation,
2018
Roger Williams University
The Case For Using The Law Of Salvage To Preserve Underwater Cultural Heritage: The Integrated Marriage Of The Law Of Salvage And Historic Preservation, Ole Varmer, Caroline M. Blanco
Journal of Maritime Law and Commerce
No abstract provided.
Admiralty,
2018
Mercer University School of Law
Admiralty, John P. Kavanagh Jr.
Mercer Law Review
The cases discussed herein represent decisions the United States Court of Appeals for the Eleventh Circuit issued in 2016 and 2017. While not an all-inclusive list of maritime decisions from the court during that timeframe, the Author identified and provided summaries of key rulings of interest to the maritime practitioner.
Table Of Contents,
2018
Roger Williams University
Boats And Divorce,
2018
Roger Williams University
Boats And Divorce, Robert M. Jarvis, Phyllis Coleman
Journal of Maritime Law and Commerce
No abstract provided.
The Unesco Convention On The Protection Of The Underwater Cultural Heritage: Its Growing Influence,
2018
Roger Williams University
The Unesco Convention On The Protection Of The Underwater Cultural Heritage: Its Growing Influence, James A.R. Nafziger
Journal of Maritime Law and Commerce
No abstract provided.
Ownership Of Underwater Cultural Heritage,
2018
Roger Williams University
Ownership Of Underwater Cultural Heritage, William V. Dunlap
Journal of Maritime Law and Commerce
No abstract provided.
Copyright And Underwater Cultural Heritage,
2018
Roger Williams University
Copyright And Underwater Cultural Heritage, Tyler T. Ochoa
Journal of Maritime Law and Commerce
No abstract provided.
Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species,
2018
Barry University School of Law
Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Water Is Life: The Native American Tribal Role In Protecting Natural Resources,
2018
Barry University School of Law
Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned
Environmental and Earth Law Journal (EELJ)
No abstract provided.
From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both,
2018
Barry University School of Law
From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species,
2018
Barry University School of Law
Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Doing Aweigh With Uncertainty: Navigating Jones Act Seamen’Sclaims Against Third Parties,
2018
Louisiana State University Law Center
Doing Aweigh With Uncertainty: Navigating Jones Act Seamen’Sclaims Against Third Parties, Sara B. Kuebel
Louisiana Law Review
The article focuses on Jones Act as per which seaman may recover punitive damages from a third-party non-employer and law should afford seamen and non-seafarers the same protections under general maritime law against non-employer and protecting seamen as the wards of admiralty.
United States Of America V. Carlington Cruickshank 837 F.3d 1182 United States Court Of Appeals For The Eleventh Circuit (Decided September 20, 2016),
2018
St. John's University School of Law
United States Of America V. Carlington Cruickshank 837 F.3d 1182 United States Court Of Appeals For The Eleventh Circuit (Decided September 20, 2016), Joshua Lahijani, Class Of 2019
Admiralty Practicum
No abstract provided.
James Baker, Jr. V. Director, Office Of Worker's Compensation Programs, United States Department Of Labor; Gulf Island Marine Fabricators, L.L.C. 834 F.3d 542 United States Court Of Appeals, Fifth Circuit (Filed On August 2016),
2018
St. John's University School of Law
James Baker, Jr. V. Director, Office Of Worker's Compensation Programs, United States Department Of Labor; Gulf Island Marine Fabricators, L.L.C. 834 F.3d 542 United States Court Of Appeals, Fifth Circuit (Filed On August 2016), George Beck, Class Of 2019
Admiralty Practicum
No abstract provided.
Robert M. Alberts V. Royal Caribbean Cruises Ltd. 834 F.3d 1202 United States Court Of Appeals For The Eleventh Circuit (Decided August 23, 2016),
2018
St. John's University School of Law
Robert M. Alberts V. Royal Caribbean Cruises Ltd. 834 F.3d 1202 United States Court Of Appeals For The Eleventh Circuit (Decided August 23, 2016), William Hoffer, Class Of 2018
Admiralty Practicum
No abstract provided.
