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Results/Representative Maritime Cases/Actions

  • Representation of Buyer for 82' Horizon, $2+ million dollar purchase price. Supervised sale, advised on legal issues, and resolved potential vessel forfeiture regarding import duty and issues regarding foreign registry, return to U.S. documentation, Seller entity problems, trademark and 1031 exchange.
  • Representation of owner of million dollar Jeanneau Prestige 500 in federal lawsuit against Volvo, Jeanneau and their Dealer for claims of breach of warranty, contract, Magnuson-Moss Act, and defective workmanship regarding vessel performance and repair issues. Obtained settlement satisfactory to the parties.
  • Representation of Buyer for 75' Sunseeker, about $800K purchase price. Drafted purchase agreement, negotiated terms and supervised sale. Resolved issues regarding partial payment with real estate, seller entity irregularities, trade-in complications, mortgage.
  • Representation of Buyer for 39' Contender, about $300K purchase price. Prepared purchase agreement and negotiated terms. Resolved issues regarding vessel coming off charter, repower, repairs.
  • Representation of Seller for 48' Searay, $240K selling price. Drafted purchase agreement, negotiated terms and supervised sale. Resolved issues regarding ship financing, mortgage payoff, survey irregularities.
  • Corporate counsel for owner of marina adjacent to condominium development. Representation for collection actions, litigation for non-payment of assessment fees secured by condominium property, and trademark infringement action. Prepared Association covenants, modifications, rules, hurricane plan. Represented buyers and sellers in slip sales negotiations. Prepared transfer and Bill of Sale documents.
  • Representation of defendant dock owner in riparian rights/trespass/detainer/ejectment litigation by adjoining property/dock owner. Negotiated and drafted settlement agreement with plaintiff dock owner which gave defendants an easement for their trespassing dock for a fair price. Obtained contribution from 3rd party for their wrongful acts. Drafted easement.
  • Representation of dock owner in administrative action by adjoining property owner to remove dock for impairment of navigation rights. Obtained dismissal of action based on strong defensive claims.
  • Representation of dock, marina, and vessel owners for dock and vessel damage due to hurricanes.
  • Representation of seamen-couple in action against mega-million dollar charter vessel owner for wrongful discharge and non-payment of wages due. Obtained for seamen couple from vessel owner payment of 3 x wages due and payment of attorney fees by vessel owner without the need to file a lawsuit.
  • Representation of multiple vessel owners for resolution of documentation issues. The owners were unable to sell or obtain clear title to their vessels because the U.S. Coast Guard Vessel Documentation ownership records showed unsatisfied mortgages that were paid off years ago. The mortgagee bank no longer existed, as it had merged or was a failed institutions in the 2008 debacle, taken over by FDIC and sold. Resolved these matters by tracking down the takeover bank, forcing an investigation of the records from the failed or merged bank, and obtaining a release of the previously paid mortgage for filing with the U.S. Coast Guard National Vessel Documentation Center.
  • Representation of injured teenage diver against Limitation of Liability Action by vessel owner/ substitute parent to limit the owner’s liability to the value of the vessel or for complete exoneration of liability. The diver suffered injuries in a diving incident supervised by vessel owner. Defended the action and obtained an agreed settlement for the injured party.
  • Representation of marinas, boatyards, and vessel storage entities in actions for nonjudicial sale of vessel for non-payment of dockage, repair or storage fees.
  • Representation of mortgagees, boatyards, marinas, repairers, and seamen for maritime lien filing actions and foreclosure of Ship Mortgages or liens. Some resolved by obtaining deed in lieu of litigation.
  • Representation of seamen to resolve Coast Guard licensing actions and issues.

Results/RepresentativeBankruptcy, Association Law, and Business Matters

  • Corporate counsel for homeowner association. Representation of the Board of Directors for interpretation of covenants, environmental code violation actions by the county, and for assessment collection actions and foreclosure litigation.
  • Representation of various homeowner and condominium associations to obtain bankruptcy stay relief to proceed with foreclosure actions on properties for non-payment of association assessments.
  • Representation of parent for discharge of federal student loan obligation based on fraudulent loan taken out by deceased spouse. Settled by mutual agreement for minimal repayment obligation.
  • Bankruptcy representation of debtor-parents for asset liquidation. Litigated adversarial suit for discharge of student loan obligation based on hardship/disability. Obtained student loan settlement terms of 10-year, no interest, repayment of 50% of the obligation.
  • Representation of property owners in foreclosure deficiency litigation. Obtained judgement for the defendant owners resulting in no deficiency due.
  • Representation of various debtors for Chapter 7 and Chapter 13 bankruptcy. Obtained discharges for debtors.

Your results may be different. Call for a free initial consultation.

Pro Bono

Barb Cook Law PLLC provides representation and legal services for low-income individuals through Florida Rural Legal Aid Services for landlord-tenant, creditor and bankruptcy matters, and for maritime issues. 
Contact Florida Rural Legal Services at http://www.frls.org to see if you qualify for Pro Bono Assistance.  

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Barb Cook Law PLLC focuses on helping you navigate through maritime, association, bankruptcy and general litigation matters. -Barbara A. Kreitz Cook

Royal Palm Financial Center
759 SW Federal Highway
​Suite 216 Stuart, FL 34994

Call for Appointment

(772) 708-8105

Email: barbcook@barbcooklaw.com

Copyright © Barb Cook Law PLLC 2017