dont you have to get off when they sink?
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Whoever holds mortgages on the vessels might have incentive to advance funds in order to preserve the priority of their lien on the vessels and the ability to sell the vessels. Seamanâs wages take priority over all other liens on the vessel.
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Someone will give him the money. He still has money coming in from Trafigura (AP&Trading), Valero, Apex, Del City, Gulf Oil, Laurel shipping, and PBF. Iâm sure thatâs worth something.
Banks are not afraid of seamenâs wage claims or the priority of wages ahead of the preferred shipâs mortgage. They are viewed a chickenshit nuisance claims.
In most cases, banks will simply fight seamenâs wage claims knowing that few seamen have the resources to litigate. Most seamen will not put up a penny out of their own pocket to fund litigation. Itâs not uncommon for seamenâs wage claims to get flat out dismissed on procedural grounds.
Sometimes banks will settle seamenâs wage claims at a discount, particularly if the seamen can afford aggressive representation and they are getting a sympathetic ear.
A seaman will do very well if he can net half of the wages that he is owed after legal fees and costs.
Start unscrewing some of the boat equipment, start selling it, say the office told you to, let them come after the value of the equipment in a civil case, counter for the value of your owed wages.
*I am not a lawyerâŚBut go ahead and do it, why not.
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That is also known as theft and potentially sabotage making the boat unseaworthy. A civil case would likely be the least of your worries.
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I donât know, the office told me to, no sir, it was in a phone conversation. Iâm pretty sure I remember it well. Look I donât know where the Chart Plotter is now, but if you feel that way about it, sue me for the cost.
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Good luck with that approach.
Youâre right, only the rich get away with stealing. Just like in this situation.
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At least we have all been boldly and immediately reminded the way of things as of today. Unpaid US seaman confined to vessels of a company in distress under threat of legal action by USCG. Wow. Good to knowâŚ
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I would ask the CG if they intended on paying me. Slavery/servitude has been illegal in this country for nearly 175 years now.
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That looks like Mortyâs signature⌠He has been courting venture capital since November at least. Who would risk it on his terms? They would want at the least controlling interest so they could liquidate.
He has very little business, Valero and Sea River will not do business with him or let his assets touch their facilities⌠BP, Shell no way⌠His equipment cannot be vetted by almost everyone.
Money will pay vendors and make payroll, but will not get his equipment vetted to work? Nor will it attracted the experienced management it will take to turn them around. He always paid very wellâŚ
The USCG in my opinion is very culpable in this. They are required by doctrine to show restraint, and not undue Lt impede commerce but this is over the top. Boats with no food, pay, fuel and water. Crews walking off vessels, loss of DOC⌠Loss of TPOâŚbeing sued by many vendors, the others will not work for him, blowing up a barge killing two and no changes in maintenance procedures, in fact itâs got worse, and letâs not for get the way over due USCG report on the B-255 explosion⌠where is that? The NTSB has released theirs months ago. Where is the Coast Guards report? Being held back to protect Morty?
Itâs way past time for the flag state to actually protect seafarers, the public, the environment and industry which is another big part of thier doctrine and shut It down.
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So what? They can always get off the boat when they are scheduled. Bouchard works 28 and 21 day rotations. Get off the boat when you are scheduled and then donât go back to work thereâŚits that simple. If you keep on going back to company you know is on the brink, Iâm sorry but I donât feel sorry for you. Go work for another company.
I didnât realise that the law in the US was still back in the 18th century regarding seafarers wages. Under British, Australian and New Zealand law a maritime lien covering crew wages trumps all else and it comes under instructions from the Registrar of the High Court as the sheriff. As sheriff the ship is arrested and he or she may hire a third party to look after the laid up vessel. If the vessel is sold at action then the money pays wages and court expenses and any left to secured creditors.
A seaman is not deemed to take part in commercial risk in a venture, the banks are and they get the crumbs if it fails.
The Bouchard guys are really being screwed by the company, and the USCG. That should concern all of us.
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That is the law in the US, it is rooted in the same sources as the British (âThe Bold Bucculeughâ et al). But, in the U.S. when a vessel is arrested, the plaintiff has to advance the costs for the âsubstitute custodianâ for the vessel. And accomplishing all of that will require the services of attorneys. So I think the gist of the comment youâre responding to is that it seamen will not bother to assert their liens for one or more reasons.
Iâve been involved with vessel financing matters where the purchaserâs bank insisted that recorded liens be extinguished before funds are advanced, Recording a claim of lien is fairly easy and inexpensive, but most seamen are not likely to know this is available to them or how to do it.
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He is certainly doing business with Valero, safety river, BP,!shell no, but Valero for sure.
That must have changed very recently. I have very credible information from Director level within Valero that has managed Bouchard business for a long time that as recently as 4 weeks ago was very adamant they would not do business with him.
LOL! No sir we canât get underway weâre low on fuel!
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Arenât their some special protections from bankruptcy rulings if you live in Florida ?