List of Figures
4-1 Complaint to Foreclose Preferred Marine Mortgage In Rem and In Personam 20
4-2 Complaint to Foreclose Preferred Marine Mortgage In Rem 26
4-3 Complaint to Foreclose Preferred Marine Mortgage In Personam 32
4-4 Complaint to Foreclose Maritime Lien In Rem 37
5-1 Complaint to Clear Title to and for Delivery of Vessel 47
6-1 Civil Cover Sheet 56
6-2 Summons In A Civil Action 58
6-3 Praecipe for Process 60
6-4 Disclosure Statement Pursuant to FRCP 7.1 61
6-5 Consent to or Declination of Jurisdiction of a Magistrate Judge 62
7-1 Motion for Order Authorizing Clerk to Issue Process Pursuant to Supplemental Rule C 67
7-2 Order Authorizing Clerk to Issue a Warrant for Arrest Pursuant to Supplemental Rule C 69
7-3 Warrant for Arrest 71
8-1 Motion for Order Appointing Substitute Custodian and Authorizing Movement of Vessel 75
8-2 Affidavit of [Officer of Plaintiff] in Support of Motion for Order Appointing Substitute Custodian and Order Authorizing Movement of Vessel 77
8-3 Affidavit of [Substitute Custodian] in Support of Motion for Order Appointing Substitute Custodian and Authorizing Movement of Vessel 80
8-4 Order Appointing [ ______________ ] Substitute Custodian and Authorizing Movement of Vessel 84
9-1 Form USM-285 for Arrest of Vessel 97
9-2 Public Notice of Attachment 98
9-3 Form USM-285 for delivery of custody of vessel to Substitute Custodian 99
9-4 Certificate of Service 100
9-5 Notice of Arrest and Seizure 102
9-6 Form USM-285 for publication of Notice of Arrest and Seizure 103
9-7 Verified Statement of Right or Interest Pursuant to Rule C(6)(b) 104
10-1 Motion for Order to Show Cause Pursuant to Supplemental Rule C(5) and Memorandum 111
10-2 Affidavit of [Officer or Agent of Plaintiff] in Support of Motion for Order to Show Cause Pursuant to Supplemental Rule C(5) 114
10-3 Order to Show Cause Pursuant to Supplemental Rule C(5) 116
11-1 Agreement for Settlement, Release and Dismissal 123
11-2 Notice of Voluntary Dismissal 128
11-3 Stipulation for Order of Dismissal and Order 130
11-4 Additional or Substitute language in Settlement Agreement re Sale of vessel and deficiency 133
11-5 Stipulation for Entry of Order of Default In Rem and Default Judgment In Rem, Judgment Foreclosing Preferred Marine Mortgage and Order of Sale and Order 135
12-1 Motion for Release from Arrest or, in the Alternative, for Order Setting Amount of Bond, and Memorandum 146
12-2 Affidavit of [Officer or Agent of Plaintiff] in Support of Motion for Release from Arrest or, in the Alternative, for Order Setting Amount of Bond 148
12-3 Order of Release from Arrest or Setting Amount of Bond 150
12-4 Letter of Undertaking 152
12-5 Bond 153
12-6 Stipulation for Entry of Order Accepting Letter of Undertaking [or Bond] and Directing Release of Vessel from Arrest, and Order 154
12-7 Form USM-285 requesting release from arrest after entry of Stipulated Order 158
13-1 Motion for Relief from Automatic Stay and Memorandum 165
13-2 Affidavit of [Plaintiff/Vessel Broker/Marine Surveyor] in Support of Motion for Relief from Automatic Stay 168
13-3 Order Granting Relief from Automatic Stay 170
13-4 Motion for Withdrawal of Reference and Memorandum 172
13-5 Affidavit of [Creditor] in Support of Motion for Withdrawal Reference 177
13-6 Affidavit of Counsel in Support of Motion for Withdrawal Reference 179
13-7 Order Withdrawing Reference 181
14-1 Motion for Order of Interlocutory Sale 188
14-2 Affidavit of [ __________ ] in Support of Motion for Order of Interlocutory Sale 190
14-3 Order of Interlocutory Sale 192
17-1 Motion for Entry of Order of Default In Rem 208
17-2 Affidavit of Counsel in Support of Motion for Entry of Order of Default In Rem 210
17-3 Order of Default In Rem 213
17-4 Motion for Entry of Default Judgment In Rem, Judgment Foreclosing Preferred Marine Mortgage and Order of Sale 215
17-5 Affidavit of Counsel in Support of Motion for Entry of Default Judgment In Rem, Judgment Foreclosing Preferred Marine Mortgage and Order of Sale 217
17-6 Default Judgment In Rem, Judgment Foreclosing Preferred Marine Mortgage and Order of Sale 220
18-1 Notice of Sale 226
18-2 Form USM-285 Requesting Publication of Notice of Sale 227
19-1 Form USM-285 for Marshals Sale 232
19-2 Waiver of and Release from Liability 233
19-3 Motion for Order Confirming Sale 234
19-4 Affidavit of [Counsel] in Support of Motion for Order Confirming Sale 236
19-5 Order Confirming Sale 238
19-6 Objection to Sale 240
19-7 Affidavit of [Officer of Objecting Party] in Support of Objection to Sale 242
19-8 Order on Objection to Sale 244
19-9 Form USM-285 Requesting Release of Vessel from Arrest 246
20-1 Motion for Order Approving Administrative Expenses and Attorneys’ Fees and Costs 255
20-2 Affidavit of [Officer of Plaintiff] in Support of Motion for Order Approving Administrative Expenses and Attorneys’ Fees and Costs 257
20-3 Affidavit of Counsel in Support of Motion for Order Approving Administrative Expenses and Attorneys’ Fees and Costs 260
20-4 Order Approving Administrative Expenses and Attorneys’ Fees and Costs 264
20-5 Motion for Order of Disbursement of Funds 266
20-6 Affidavit of Counsel in Support of Motion for Order of Disbursement of Funds 268
20-7 Order of Disbursement 270
21-1 Motion for Entry of Order of Default In Personam 277
21-2 Affidavit of Counsel in Support of Motion for Entry of Order of Default In Personam 279
21-3 Order of Default In Personam 282
21-4 Motion for Entry of Default Judgment In Personam 284
21-5 Affidavit of Counsel in Support of Motion for Entry of Default Judgment In Personam 286
21-6 Affidavit of [Officer of Plaintiff] in Support of Motion for Default Judgment In Personam 289
21-7 Default Judgment In Personam 291
22-1 Typical Time Line in Default Case 298
22-2 Arrest Case Calendar 302
24-1 Affidavit of Foreclosing Party 312
24-2 Agreement of Forbearance 314
24-3 Covenant to Not Contest Suits and Agreement to entry of Judgment 320
24-4 Notice of Delinquency and Sale of Vessel 322
A-1 Declaration of [Officer of Plaintiff] in Support of Motion for Order Appointing Substitute Custodian and Order Authorizing Movement of Vessel 326