ING Bank seeks payment of alleged debts owed by barge owner

By Molly English-Bowers | Mar 25, 2016

NEW ORLEANS – An international banking and financial services corporation is suing over allegedly unpaid debts.

ING Bank filed the suit March 22 in U.S. District Court for the Eastern District of Louisiana New Orleans Division against the vessel Clipper Kasashio, her engines, tackle, equipment, furniture, etc.

According to the complaint, ING, based in The Netherlands, is an assignee of certain accounts, assets and maritime liens held by O.W. Bunker & Trading, including the lien against the defendant. The defendant is a bulk carrier owned by Moon Rise Shipping Co., the suit states.

Bunker allegedly contracted to provide fuel and related barging services to the defendant on Oct. 27, 2014. On Nov. 5, 2014, the plaintiff accepted the delivery of fuel oil for which it was issued an invoice for $176,002.84, the suit states.

As of the date of filing of the complaint, neither the plaintiff nor O.W. Bunker have been paid, according to the complaint. Pursuant to the terms of the contract, the defendant is allegedly entitled to 3 percent per month interest until the invoiced amount is paid and an administrative fee of $1.50 per metric ton of fuel supplied.

Currently, the plaintiff is allegedly owed a total of $309,532.06, which includes the original amount of the invoice, accrued interest, administrative fees, and accrued and anticipated attorney fees.

The plaintiff seeks a judgment that all persons claiming interested in the defendant vessel be required to appear and to answer under oath the matters at issue here; damages to the plaintiff in the amount of $309,532.06 plus other damages, interest, attorney fees and court costs; and other relief the court deems just and proper.

The plaintiff is represented by James D. Bercaw, Robert J. Stefani, Len R. Brignac and Laura E. Avery of King, Krebs & Jurgens PLLC in New Orleans.

U.S. District Court for the Eastern District of Louisiana, New Orleans Division Case number 2:16-cv-2388

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King, Krebs & Jurgens PLLC U.S. District Court for the Eastern District of Louisiana

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