NuStar Energy Services Inc v M/V “Cosco Auckland” and Others – US Court of Appeals (5th Circuit) (Wiener, Southwick and Costa Ct JJ) – 14 January 2019

Admiralty jurisdiction – Maritime lien – Collapse of OW Bunker Group – Whether physical supplier of bunkers entitled to maritime lien – Whether assignment of liens by maritime lienholder to secured creditor valid – Whether physical supplier of bunkers had standing to appeal assignment ruling

OW Bunker’s largest secured creditor, ING Bank, asserted maritime liens based on a US$700 million revolving credit facility that a group of lenders provided OW Bunker and its affiliates almost a year before they went under. ING served as the syndicate’s security agent.