https://www.taxtmi.com/caselaws?id=416646 A liquidation bar under insolvency law does not prevent an admiralty action in rem against the vessel or its sale proceeds, because that remedy operates against the res and not merely against the corporate debtor. A prior limited claim before the liquidator did not bar the entire maritime claim by res judicata or election, since it covered only a restricted period and did not extend to unrelated or unadjudicated periods; the salvage component was not summarily allowed. Penal berth hire was treated as a contractual charge triggered by operational contingencies, not as a penalty requiring proof of actual loss, and was recoverable. Salvage relief was refused at the summary stage for want of reliable supporting material. en-us Mon, 03 Jan 2022 00:00:00 +0530 Tue, 04 Jan 2022 07:23:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=416646 A liquidation bar under insolvency law does not prevent an admiralty action in rem against the vessel or its sale proceeds, because that remedy operates against the res and not merely against the corporate debtor. A prior limited claim before the liquidator did not bar the entire maritime claim by res judicata or election, since it covered only a restricted period and did not extend to unrelated or unadjudicated periods; the salvage component was not summarily allowed. Penal berth hire was treated as a contractual charge triggered by operational contingencies, not as a penalty requiring proof of actual loss, and was recoverable. Salvage relief was refused at the summary stage for want of reliable supporting material. Case-Laws Insolvency and Bankruptcy Mon, 03 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=416646