Hacker News new | past | comments | ask | show | jobs | submit login

yes but that is the major fear the docks have. No debt holder is going to repossess a ship at sea they are going to wait for them to dock then file a court order to prevent them from undocking until the repossession proceedings finish. This means they are stuck at the dock taking up space the dock owners want to use to unload other ships so they just ban these ships from their docks letting another dock deal with it and basically every dock yard does the same thing so there is no where for them to dock



I don't understand how they can legally do that. When you repossess a truck you don't get to leave it at someone else's loading dock for free.

Wouldn't it be the creditor's obligation to pay the fees or move it somewhere else to be moored?


> When you repossess a truck you don't get to leave it at someone else's loading dock for free.

"Repossess" is an inaccurate term here. Arrest of a vessel is a different (though conceptually related) process [0]. Notably, the creditor does not take ownership or possession of the vessel, and so can't be responsible for fees; the ship is taken over by the government and its operation restricted unless it is either "bailed out" by the owner providing alternative security, the underlying litigation resolved, or the ship ordered sold by the government while the litigation proceeds.

If its sold, the costs incurred will be paid out of the sale proceeds, but they may take some time.

[0] http://www.maritimelawcenter.com/html/arrest_of_vessel.html


It's probably the bankrupt party's responsibility until the title is transferred. Just like if the city boots and tows your car, you pay the fines.

Also, the ports don't want the money from extended docking fees, they want a flow of ships. Docking fees alone won't compensate all of the teamsters, longshoremen, etc. idled while the berth is blocked.


More on Ship Arrest, via a (non-maritime) lawyer on a G+ discussion: http://www.marineinsight.com/maritime-law/ship-arrest-under-...




Consider applying for YC's Spring batch! Applications are open till Feb 11.

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: