Fortis Bank N.V. v. Shamrock

379 F.Supp.2d 2 (2005) | Cited 2 times | D. Maine | July 29, 2005


Before the Court is Plaintiff Fortis Bank's ("Fortis") Motion for Default Judgment and Order Directing the Entry of Final Judgment (Docket # 335). Today, the Court has filed its Order on Motions for Summary Judgment. As explained in that Order, the Court has determined that Fortis' preferred mortgage is the highest priority in rem claim that remains pending against the M/V Shamrock. As a result, it appears that Fortis is ent itled to collect all of the remaining proceeds of the sale of the M/V Shamrock that are currently held in the registry of the Court, less any allowable fee deducted by the Clerk. (See D. Me. Local Rule 67 & March 10, 2005 Order (Docket # 316).) In light of the amount Fortis stands to collect on its in rem claim against the vessel, it would appear that any additional in personam judgment against the parties previously found in default (i.e., Copropriété de Navire Shamrock, SPM Line, Inc. Sp Container Line SA, Comatrans SA and SNC Shamrock Gestion) should reflect the difference between the total amount owed to Fortis and the amount Fortis will collect on the in rem claim. See 46 U.S.C. § 31325(b)(2)(A).

The current record does not allow the Court to accurately tabulate the exact amount of this deficiency. Therefore, the Court hereby ORDERS that Fortis support its Motion for Default Judgment by filing an affidavit containing an up-to-date tabulation of the amount remaining due on Fortis' claims in light of the resolution of its in rem claims. This affidavit shall be filed on or before August 10, 2005. Upon receipt of this affidavit, the Court will rule on the remaining Motion for Default Judgment and direct the Clerk to enter a final judgment on all of Fortis' claims.


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