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My Marina is in bankruptcy

Old 01-11-2019, 04:11 PM
  #41  
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It is time for you to get all the information available for and from the Bankruptcy court, The name and address of the trustee, all the receipts from the Marina, Boat title, All written agreements and file a claim with the trustee. You go to the trustee and ask for the papers to file a claim. You many need to attach copies of all agreements and receipts (never send originals - That stuff is lost in court paperwork many times). If you fail to do that you may never get you boat back. The court has the authority to auction boats with past due debts that are not paid promptly. Having title means nothing, if you owe and do not file promptly. Do it fast, like others said, you need to recover your boat promptly. Do not delay. You do not need an attorney if you do it yourself. At 300 bucks and hour an attorney could cost you a lot of dough, a leg and maybe and eye. Good luck.

By the marina being at auction I believe it is a chapter seven. You may have lost all you paid the marina for. All agreements are unenforceable. All the owners that have sustained unrepaired, marina caused damage or other liability are s.it out of luck. Put boat on a trailer and store it on land.

PS. you can also get forms by searching your state attorney's website. But you need info on the bankruptcy.You may also get info on what to do at the SA Website. It could be that the Marina filed for bankruptcy under Federal Law. The info is the similar only the protagonists are different.

I am not and attorney and this is not legal advice, it is an opinion based on previous action.

Last edited by solarfry; 01-11-2019 at 04:29 PM.
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Old 01-11-2019, 04:19 PM
  #42  
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Originally Posted by 6104696 View Post
How do you figure? If the charge is improper (too high in view of what was actually done) he is entitled to dispute it. Of course he should not lie, but he can dispute a charge or part of a charge without lying. If the vendor does not dispute his disputing of the charge, he gets his refund, and the burden shifts back to the marina to bill him properly for services rendered. If the vendor does respond and asserts that the charge is proper, the charge will probably stay on his account, and then the OP is stuck with whatever legal remedies are afforded him under bankruptcy laws....which will be little or nothing.

I don't see how he creates headaches by disputing an improper charge, whether it is partially or completely improper. The headaches will come if he doesn't.
Get the boat out and then consider disputing charge depending on how much...i.e. if you seek charge back with boat in your possession you may get sucked back into the BK at least on paper. If you get your boat out and don't dispute charge you'll probably disappear from the the situation. If there is a trustee appointed and you have title to the boat it will ultimately get resolved but it would be best to hire counsel. Or you can pursue self help remedy and ask for forgiveness later if need be...lots of variable here re: boat on trailer vs. cribbing. Lock on gate vs. open. If the gates locked and boats on cribbing then you may as well hire counsel b/c it's not like you can retrieve boat quickly. If on trailer and you can get in and out without cutting locks then I hope you already have you're boat back.

Keep THT crowd posted on how it plays out that way we can see what happens and see which of our THT armchair lawyers/know it all's is smarter than other. Good luck.

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Old 01-11-2019, 04:19 PM
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Originally Posted by Lazypiper View Post
I just saw my Marina is in bankruptcy and will be auctioned off next month. What does this mean? What sucks is I paid to be winterized and the boat is still not wrapped. I have very little hope that will happen. I am going to wrap a tarp around the bridge at least. Will the new owner if someone buys it be responsible to launch me, the service is paid for? I hope I can even get launched if the bank takes the business. I am worried the yard is going to be looted. I am a new member so THT will not let me attach a link. Aquamarina Freeport NY
hi sorry about your dilemma. Where did you here about the auction because I'm interested.
can you message me the link. Thank you
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Old 01-11-2019, 04:25 PM
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I would get that vessel out immediately for all mentioned, plus things might start disappearing on vessels in that storage and nobody liable to pay for the loss !! You are are risk

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Old 01-11-2019, 04:35 PM
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I have gone through this in the auto business. With customers cars on premises. Often an announcement will be made for owners to remove their property prior to auction. With boats being blocked in this could get sticky. Can you simply contact the owners and arrange for removal?
Whoever wins auction will have responsibilities to return property to rightful owner. If another marina buys it, they may want you as a future customer and make everything right. Very frustrating for sure.
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Old 01-11-2019, 05:14 PM
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Lots of good direction, i'd also add to double check/maybe up your insurance. Seems like risk of accident, looting, vandalism greater now.
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Old 01-11-2019, 06:08 PM
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OP please give us an update / more info!!!!
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Old 01-11-2019, 06:25 PM
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Originally Posted by NEBassMan View Post
Nov 11, 2019. A day that will live in infamy. The first day that a thread on THT has a unanimous opinion. Btw, I’d get my property outta there asap.
Originally Posted by ThreeRs View Post
are you living 10 months in advance or am I behind?!!?
Wow, i gotta stop smoking crack so early in the morning.
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Old 01-11-2019, 07:15 PM
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Originally Posted by LongIslandFisherman View Post
The property is being auctioned in early February 2019 ...

Soon to be waterfront Condos starting at 1.5 mil.
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Old 01-11-2019, 07:30 PM
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Originally Posted by THT MOD 14 View Post
Soon to be waterfront Condos starting at 1.5 mil.
Pretty unlikely in Freeport - it is not a big dollar neighborhood.
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Old 01-11-2019, 07:57 PM
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IRS is first in line after assets are liquidated, then the banks. You are last, whatever money you are owed it will be only pennies on the dollar. However, You can deduct your losses on your taxes, so you had a ton of losses, right? Get your boat out.
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Old 01-11-2019, 08:49 PM
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Obviously not "legal" but what possible repercussions could result in cutting a chain or fence to retrieve your otherwise unencumbered boat? I'd have a hard time not taking any action possible to get my shit back but I also have a few of the right kind of friends to help with this kind of ordeal and plenty of places to hide my boat until the dust settles. Of course that raises the question of if its worth repossessing your own boat if you can't even use the damn thing...
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Old 01-11-2019, 09:28 PM
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I can understand all the exhortations to get the boat out ASAP, but am thinking that may not be physically possible as others have noted since stored boats tend to be sardined in.
Or maybe only remotely possible, but only by moving other vessels out of the way which would make you responsible if anything at all should happen to the other boats or if it is eventually claimed that was the case.

Might it still be reasonable to expect if the boat is stored in amongst others it might be better to check with the old owners & manager, the property auctioning entity and then the winning bidder to get (written if possible) declarations of what future operations relative to your boat might entail?
My guess is most stored boat owners who remain calm enough to "wait and see" will find opertions by new owners resuming with little noticeable change to the stored- boat owners. As long as new owners desire to be in the marina business (not guaranteed right now of course) they would be pretty insane to cause great ill will on the part of existing and potential new customers and will try to make the changeover as seamless as possible for both you and them. Next owners.... may... be one of the "big guys" who have a string of marinas along the coast ( so common these days), lots of capital and business-specific experience , and can treat you well. I hope that is the case!

Just throwing out a little bit of an alternative perspective to at least consider , since moving the boat may well be impossible anyway or entail risking greater potential liability on your part. It would also be your choice to leave that present yard so storage-paid would be non-refundable and you would have to line up adequate storage elsewhere and pay for that and the move there. That's a lot of $ that may be needlessly spent.
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Old 01-11-2019, 09:38 PM
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Originally Posted by VTXrider View Post
I think the most important part of my advise is consult an attorney.

My point is if there is a bill that says "Winterizing" for XXX dollars, whatever that costs. Some parts of winterizing is performed and some is not, he could get caught into a having to deal with the bankruptcy over if he owes money. If each item or service is clearly itemized he may be more clear to do a partial charge back. However he could expose himself to questions on if he owed the marina in the bankruptcy.

I'll give you an example of a slightly different case, when I sold a house. The county did not record the property tax payment from my escrow so the closing agent paid it again. When proof was provided that the payment had been made the county was told to return the extra payment. The county returned both payments and then charged me a returned payment fee and I had to pay a higher tax for not paying in November (Florida discounts 1% for each month you pay early). I asked my attorney about it, his response was basically that I'd win for sure and they'd refund the difference of about $350 but it would probably cost me 10 to 15 hours during county business hours of my time and he couldn't help because he'd have to charge me a multiple of the amount in question. Moral of the story, sometimes it's better to know you are right and lose the money anyway than fight to correct it.
VTXrider- Just asking,....
Couldn't you have simply not cashed the refund check for the Nov pre-payment and taken it back to the issuer at the county office along with a copy of your cancelled original tax payment check to prove the original prepayment was still proper , received by the county ahead of the deadline, and still in full effect to avoid the extra undeserved tax or interest assessment? No Lawyer needed..... though perhaps just for 15 minutes at the county office for a little extra bureaucratic attention?
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Old 01-11-2019, 09:43 PM
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Right now the most important thing is to make sure your boat was winterized. It is 22deg right now. I would do anything possible to make sure it was.
‘Next see if you can get access and remove everything that is not bolted down
see if you can contact yard owned and remove boat, if possible. If not don’t panic. The new owner will most likely contact you and set up a schedule.
right now that property is zoned for marine use. It will remain that way until someone applies for a new c.o. And that takes months if not years. So be assured it will be a marina in the spring. More the likely it will be bought up by another marine business. That is who can pay the highest bid. . I know the area well. My charter boats were at Johnson’s marine and grover’s. Way back when

Last edited by fireisland1; 01-11-2019 at 09:56 PM.
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Old 01-11-2019, 09:54 PM
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Originally Posted by VTXrider View Post
I think the most important part of my advise is consult an attorney.

My point is if there is a bill that says "Winterizing" for XXX dollars, whatever that costs. Some parts of winterizing is performed and some is not, he could get caught into a having to deal with the bankruptcy over if he owes money. If each item or service is clearly itemized he may be more clear to do a partial charge back. However he could expose himself to questions on if he owed the marina in the bankruptcy.

I'll give you an example of a slightly different case, when I sold a house. The county did not record the property tax payment from my escrow so the closing agent paid it again. When proof was provided that the payment had been made the county was told to return the extra payment. The county returned both payments and then charged me a returned payment fee and I had to pay a higher tax for not paying in November (Florida discounts 1% for each month you pay early). I asked my attorney about it, his response was basically that I'd win for sure and they'd refund the difference of about $350 but it would probably cost me 10 to 15 hours during county business hours of my time and he couldn't help because he'd have to charge me a multiple of the amount in question. Moral of the story, sometimes it's better to know you are right and lose the money anyway than fight to correct it.
love when folks suggest running to an attorney...

your example could have been handled by yourself you dont need an attorney and an attorney charging 10-15 hours for that? LOL
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Old 01-11-2019, 10:04 PM
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All right guys, I checked the bankruptcy court docket. No need to panic here. This is not a recent bankruptcy filing. Rather, the owner, the debtor in possession, filed for Chapter 11 last June. Seems that he owned about $307,000 in back taxes on the property. One pesky vulture bought $305,000 of his tax liens and instituted an action to foreclose on the property. So the debtor in possession filed for Chapter 11 to get that vulture off his back, buy him some time, and have a reasonable process under the control of the bankruptcy court. The property he claims is worth about $2,000,000. It's 3 acres of waterfront with an operating marina in Freeport, NY on LI's south shore, about 3 miles from Jones Inlet. That area got completely trashed by Superstorm Sandy -- it floods easily, but the marina location is near the end of the canal. Now this is not the ritziest place to chill -- Freeport can be rather dicey -- but that is a pretty quiet spot. In any event, no one is chaining the place up tomorrow. The debtor in possession will continue to operate the place until the auction sale which has to take place by February 14. The terms of the sale are to provide the place free of tenants except for tenants who have already paid for slips or space. Those folks get to stay if a new owner takes over. So you don't have to panic. Give the marina a call in the morning or on Monday to see what's up. Get your boat out of there if you want -- I probably would. Good night.
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Old 01-11-2019, 10:26 PM
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Originally Posted by Lazypiper View Post
I just saw my Marina is in bankruptcy and will be auctioned off next month. What does this mean? What sucks is I paid to be winterized and the boat is still not wrapped. I have very little hope that will happen. I am going to wrap a tarp around the bridge at least. Will the new owner if someone buys it be responsible to launch me, the service is paid for? I hope I can even get launched if the bank takes the business. I am worried the yard is going to be looted. I am a new member so THT will not let me attach a link. Aquamarina Freeport NY
Is the vessel Coast Guard Documented ? Might be a plus in your favor if things get "nasty."
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Old 01-11-2019, 11:44 PM
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does everyone change their opinions if the OP's boat is a blow boat

if so best answer for that might be to have a ton of work done to it and not pay and leave it
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Old 01-12-2019, 05:52 AM
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Another OP ...one post and done?

since it is now being auctioned off..doesn’t this mean it has been in bankruptcy for quite sometime?

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