Statute · United States Code

46 U.S.C. § 30907 — Procedure for hearing and determination

46 U.S.C. § 30907

Type
Statute
Source
United States Code
Jurisdiction
Federal
Date
2025-01-06
Topic
bankruptcy

(a) In General.—A civil action under this chapter shall proceed and be heard and determined according to the principles of law and the rules of practice applicable in like cases between private parties. (b) In Rem.— (1) Requirements.—The action may proceed according to the principles of an action in rem if— (A) the plaintiff elects in the complaint; and (B) it appears that an action in rem could have been maintained had the vessel or cargo been privately owned and possessed. (2) Effect on relief in personam.—An election under paragraph (1) does not prevent the plaintiff from seeking relief in personam in the same action.

(a) In General.—A civil action under this chapter shall proceed and be heard and determined according to the principles of law and the rules of practice applicable in like cases between private parties. (b) In Rem.— (1) Requirements.—The action may proceed according to the principles of an action in rem if— (A) the plaintiff elects in the complaint; and (B) it appears that an action in rem could have been maintained had the vessel or cargo been privately owned and possessed. (2) Effect on relief in personam.—An election under paragraph (1) does not prevent the plaintiff from seeking relief in personam in the same action.