Two former Bouchard Transportation vessels have resurfaced in fresh legal disputes between their new owner and a charterer.
Two affiliates of JMB Capital Partners Lending filed lawsuits in US federal court against Unico Marine alleging the Houston commodities trader owes it for unpaid bills while stiffing suppliers. The cases were filed in the Middle District of Florida and the Eastern District of Louisiana.
The two affiliates — JMB Shipping ATB 205 and JMB Shipping ATB 220 — seek to retake control of the articulated tug barges they own. The ATBs are the 6,222-bhp tug Bella (built 2016) with the barge UMS 205 and the the 6,086-bhp Morena (built 2016) with the UMS 220.
"JMB Shipping has complied with all notice, delay and cure periods applicable under the bareboat charter agreement, and has demanded immediate restoration of the vessel to JMB Shipping’s possession," lawyers said in the JMB Shipping ATB 220 complaint in Florida.
JMB Shiping ATB 205 alleges Unico owes it $259,935 for after not having paid charter hire since 10 September.
The company said Unico believes the barge's thermal heating system was not functioning correctly, but JMB Shipping ATB 205 denies this, arguing issues were not observed during testing.
JMB Shipping ATB 220 originally argued it was owed $196,462 in unpaid charter hire in a lawsuit filed on 8 October, but amended its complaint two days later to say Unico paid the sum after being put on notice for breaching the charter.
Still, JMB Shipping ATB 220 said even after payment it has the right to take the ship back and that it subsequently found a company with an unpaid bill for repairs on the Morena and another on the UMS 220.
It now intends to keep the $196,462 with the court to hold as security for those third party claims.
Unico did not immediately return a request for comment.
In an email filed alongside court papers, Unico said a third ATB made up of the 4,000-bhp Rubia (built 2014) and the UMS 284 had already been returned to JMB.
While in the stead of now-defunct Bouchard Transportation the Morena was known as the Morton S Bouchard Jr and the Bella the Linda Lee Bouchard. The Rubia was known as the Denise A Bouchard.
All three tugs and their attached barges were bought by JMB Capital along 27 others for $115m at auction over the summer during Bouchard Transportation's bankruptcy proceedings, while the remainder were bought by Rose Cay for $130m, according to Reuters.
Bouchard Transportation's troubles began in 2017 when an explosion aboard one of its barges in Texas killed two crew members.
In its wake, the company was unable to secure key safety documents allowing its ships to trade. Without revenue from its ships, the company was unable to pay its bills.
After a litany of lawsuits from creditors, and three consecutive years of losses, Bouchard Transportation filed for bankruptcy in September 2020.
