Essex Crane Rental Corp v. DB CROSSMAR 14, et al

Filing 70

ORDER AND REASONS GRANTING 69 Motion to Confirm United States Marshal's Sale and to Cancel All Mortgages, Liens, Encumbrances, and Pre-Existing Claims against the D/B CROSSMAR 14 as set forth in document. Signed by Judge Ivan L.R. Lemelle on 11/9/2016. (mmv) (3CC: USM)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ESSEX CRANE RENTAL CORP.

CIVIL ACTION

VERSUS

NO. 16-8146

DB CROSSMAR 14, ET AL.

SECTION “B”(1)
ORDER AND REASONS

Before the Court is Wells Fargo Equipment Finance, Inc.’s
(“WFEFI”) “Ex Parte Motion to Confirm United States Marshal’s Sale
and to Cancel All Mortgages, Liens, Encumbrances, and Pre-Existing
Claims against the D/B CROSSMAR 14.” Rec. Doc. 69. On October 7,
2016, this Court ordered the sale of the DB CROSSMAR 14 to take
place on October 24, 2016. Rec. Doc. 53. On October 20, 2016, this
Court granted the ex parte/consent motion of WFEFI, the plaintiff
in intervention, allowing WFEFI to credit bid at the sale in an
amount up to $7,119,195.22. Rec. Doc. 66 at 2. At the sale, WFEFI
submitted the only bid, a credit bid of $2,497,500, the minimum
sale price established by the Marshal. See Rec. Docs. 69 at ¶ 7;
68. Pursuant to Local Admiralty Rule 64.6(B), the Marshals Service
submitted a “Proces Verbal” on October 28, 2016 certifying the
results

of

the

public

auction

and

identifying

WFEFI

as

the

purchaser by credit bid. Rec. Doc. 68.
According to Rule 64.6(B), “[i]f within three business days
no written objection is filed, the sale is confirmed, provided
that no sale is confirmed until the buyer has performed the terms

of his purchase.” Thus, on October 31, 2016, after WFEFI made a
cash payment of $37,477.50 to the Marshal in full payment of the
Marshal’s sale commission and three days after the Marshals Service
filed its return, WFEFI filed the instant ex parte/consent motion
to

(1)

confirm

the

sale;

(2)

cancel

all

mortgages,

liens,

encumbrances, and any other pre-existing claims against the DB
CROSSMAR 14; (3) instruct the United States Marshal to execute a
Bill of Sale transferring title to the DB CROSSMAR 14, her tackle,
apparel, appurtenances, etc. to WFEFI, free and clear of all
mortgages, liens, encumbrances, and any other form or pre-existing
claims; and (4) instruct the former owners to turn over all
certificates, manuals, and other documentation necessary for the
vessel’s

operation

and

registration

to

a

duly

authorized

representative of WFEFI. As of this date, there have been no
objections to the Court’s confirmation of the sale. Accordingly,
IT IS ORDERED that the motion is GRANTED.
IT IS FURTHER ORDERED that:
1. The sale of the DB CROSSMAR 14 (official number 1025224),
her tackle, apparel, appurtenances, etc. to Wells Fargo
Equipment Finance, Inc., free and clear of all mortgages,
liens, encumbrances, and pre-existing claims of any form,
in

accordance

with

earlier

CONFIRMED;

2

Court

orders,

is

hereby

2. All existing mortgages, liens, encumbrances, and other preexisting claims of any form, in accordance with earlier
Court

orders,

against

the

DB

CROSSMAR

14

are

hereby

CANCELLED;
3. The United States Marshal for the Eastern District of
Louisiana is hereby ordered to execute a Bill of Sale in
the usual form transferring title to the DB CROSSMAR 14,
her tackle, apparel, appurtenances, etc. to Wells Fargo
Equipment Finance, Inc., free and clear of all mortgages,
liens, encumbrances, and any other form of pre-existing
claims, in accordance with earlier Court orders, against
the DB CROSSMAR 14, with delivery of the sale documentation
and the vessel as soon as possible following the entry of
this Order; and
4. The DB CROSSMAR 14’s former owners or agents are hereby
directed to turn over all certificates, manuals, and other
documentation necessary for the vessel’s registration and
operation to a duly authorized representative of Wells
Fargo Equipment Finance, Inc.
New Orleans, Louisiana, this 9th day of November, 2016.

___________________________________
SENIOR UNITED STATES DISTRICT JUDGE

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