In Re Louisiana Ship Management, Inc.

Fifth Circuit

In Re Louisiana Ship Management, Inc.

761 F.2d 1025, 49 B.R. 1025, 1985 A.M.C. 2667, 1985 U.S. App. LEXIS 30085

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 14, 1985

Docket85-2321

StatusPublished

Cited by11 cases

This text of 761 F.2d 1025 (In Re Louisiana Ship Management, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re Louisiana Ship Management, Inc., 761 F.2d 1025, 49 B.R. 1025, 1985 A.M.C. 2667, 1985 U.S. App. LEXIS 30085 (5th Cir. 1985).

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Opinion

PER CURIAM:

The facts prompting this petition for mandamus to the District Court for the Eastern District of Texas, Beaumont Division, are simple and undisputed. World Ship Supply, Inc., filed suit in rem against the M/V Lake Catherine, seeking its sale to satisfy a maritime lien. The vessel was seized and its sale was set. Before the sale, its owner, Louisiana Ship Management, Inc., filed for voluntary Chapter 11 bankruptcy. Despite this action, the ship was sold; however, the sale has not been confirmed pending our action on this petition for an order directing that the sale be declared void and the possession and control of the vessel restored to its owner.

Filing of the petition under Chapter 11 automatically stayed the proposed sale to enforce the maritime lien. 11 U.S.C. § 362(a)(5). In addition, it vested exclusive jurisdiction over the vessel in the court where the Title 11 proceeding was pending, depriving the admiralty court of jurisdiction over it. The sale was therefore null and void, and the vessel should be restored to the possession and control of petitioner. As we are confident that the admiralty court will abide by our opinion, however, we decline to issue the writ at this time.

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PER CURIAM:

The facts prompting this petition for mandamus to the District Court for the Eastern District of Texas, Beaumont Division, are simple and undisputed. World Ship Supply, Inc., filed suit in rem against the M/V Lake Catherine, seeking its sale to satisfy a maritime lien. The vessel was seized and its sale was set. Before the sale, its owner, Louisiana Ship Management, Inc., filed for voluntary Chapter 11 bankruptcy. Despite this action, the ship was sold; however, the sale has not been confirmed pending our action on this petition for an order directing that the sale be declared void and the possession and control of the vessel restored to its owner.

Filing of the petition under Chapter 11 automatically stayed the proposed sale to enforce the maritime lien. 11 U.S.C. § 362(a)(5). In addition, it vested exclusive jurisdiction over the vessel in the court where the Title 11 proceeding was pending, depriving the admiralty court of jurisdiction over it. The sale was therefore null and void, and the vessel should be restored to the possession and control of petitioner. As we are confident that the admiralty court will abide by our opinion, however, we decline to issue the writ at this time.

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761 F.2d 1025, 49 B.R. 1025, 1985 A.M.C. 2667, 1985 U.S. App. LEXIS 30085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-louisiana-ship-management-inc-ca5-1985.

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