U.S. Court of Appeals for the Fifth Circuit, 1985

In re Louisiana Ship Management, Inc.

U.S. Court of Appeals for the Fifth Circuit · Decided May 14, 1985 · Gee, Johnson, Davis

761 F.2d 1025; 49 B.R. 1025; 1985 A.M.C. 2667; 1985 U.S. App. LEXIS 30085 (Federal Reporter, Second Series)

Counsel

R. Bruce Macmurdo, William E. Steffes, Baton Rouge, La., for appellant., Byron Sims, Houston, Tex., for appellee.

Cases that cite this one

10 later published cases cite this decision.

In re Modern Boats, Inc., Debtor. Slay Warehousing Co., Inc. v. Modern Boats, Inc. (5th Cir. 1985)
Lawrenson v. Global Marine, Inc. (Tex. App. 1993)
Anderson v. Briglevich (In re Briglevich) (United States Bankruptcy Court, N.D. Georgia 1992)
In re River Princess Corp. (United States Bankruptcy Court, S.D. New York 1991)
Mcorp Financial, Inc. v. Board Of Governors Federal Reserve System (5th Cir. 1990)
MCorp Financial, Inc. v. Board of Governors Federal Reserve System of the United States (5th Cir. 1990)
In re MCORP (District Court, S.D. Texas 1989)
MCorp v. Board of Governors (In re MCorp) (United States Bankruptcy Court, S.D. Texas 1989)
In re John Paul White, Debtor, John Paul White v. Patricia Ann White (6th Cir. 1988)
Lee Ratner and John Zuro, Individually and D/B/A the Grant Company v. Sioux Natural Gas Corp. And Sioux Pipeline Corp. (5th Cir. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.