Q: What option do we have to avoid bankruptcy as freight forwarder hit by per-diem charges for container storage?
We are a freight forwarder and at the brink of filing for bankruptcy. Our client, the shipper, ran out of warehouse space to accept shipments and instead had the trucking company hold the containers for over three months. The shipping company charges detention or per-diem fees for the containers themselves until they are returned and up to $30k per container have been incurred so far. The client refuses to pay them.
We want to know what protection we have other than filing for bankruptcy as we are the consignee on the BOL. Will the shipping companies come after us or the shipper to recover those charges?
A: You should immediately consult an attorney to review all the contracts and any other paperwork. Without seeing the contracts, there is no way to answer your question.
A: It could be difficult to predict what the attorneys for MSC, Hapag-Lloyd, and HMM (or their outside counsel) would do. A law firm would likely want to see the cargo paperwork to determine the respective rights, obligations, legal remedies, and legal defenses of the various parties involved. You could reach out to California law firms to discuss - it could be helpful to a firm and probably economical to you to have an organized summary of communications and correspondence here. Good luck
Timothy Denison agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.