Local Rule Rule E: ACTIONS IN REM AND QUASI IN REM; GENERAL PROVISIONS

Rule E. ACTIONS IN REM AND QUASI IN REM; GENERAL PROVISIONS

(1) Statement of Damages and Expenses Required. Every complaint filed in a Supplemental Rule (B) and (C) action must state the known amount of the debt, damages, or salvage for which the action is brought, or in the case of a Rule (D) action, the precise nature of the plaintiff's interest and the percentage of the interest claimed. In addition, the complaint should also specify the amount of any unliquidated claims, including attorney's fees and expenses, as well as the legal basis upon which the plaintiff seeks the unliquidated damages, including the right to recover attorney's fees and expenses.

(2) Advance Arrangements for Substitute Custodian. Plaintiffs are admonished to make every reasonable advance effort to secure a substitute custodian and to coordinate issues concerning the appointment of a substitute custodian with the United States Marshal, and to arrange for advance compliance with L.A.R. A(5), whenever practical, before filing any complaint which seeks the issuance of warrant for arrest or execution by the United States Marshal.

(3) Requirements and Procedures for Effecting Intervention. Whenever a vessel or other property is arrested or attached under a Supplemental Rule, and the vessel or property is in the custody of the United States Marshal or duly authorized substitute custodian, any person with a claim against the vessel or property must present the claim as provided in this rule:

(a) Intervention of Right When No Sale of the Vessel or Property is Pending, and Where Security Has Not Been Posted but the Vessel is Released. Except as limited by L.A.R. E(3)(b), any person with a claim against a vessel or property which has been arrested or attached may, as a matter of right, file an intervening complaint at any time before entry of an order scheduling the vessel or property for sale. The intervening party must also prepare and submit to the clerk a supplemental warrant for arrest or a supplemental process of attachment and garnishment.

The clerk will file the intervening complaint and issue the supplemental process. The intervening party must deliver a copy of the intervening complaint and the original of the supplemental process to the United States Marshal, who will re-arrest or re-attach the vessel or property in the name of the intervening plaintiff. If the United States Marshal has on deposit sufficient funds to maintain the previous seizure, the intervening plaintiff need not post additional funds. However, any party may subsequently move to pro-rate the costs of maintaining the seizure among all of the intervening plaintiffs, as provided in Subsection 5 of this rule.

(b) Permissive Intervention When the Vessel or Property Has Been Scheduled for Sale by the Court. Except as indicated below and subject to any other rule or order of this court, no person has an automatic right to intervene in an action once the court has ordered the sale of the vessel or property, and the sale is scheduled to occur within fifteen (15) days from the date the party moves for permission to intervene under this subsection. In such cases, the person seeking permission to intervene must:

(i) File a motion to intervene and indicate in the caption of the motion a request for expedited hearing when appropriate;

(ii) Include a copy of the proposed intervening complaint as an exhibit to the motion to intervene;

(iii) Submit a supplemental warrant for arrest or a supplemental process of attachment and garnishment;

(iv) Serve copies of the motion to intervene, with exhibits and proposed supplemental process, upon every other party to the litigation;

(v) Indicate in the motion to intervene whether the intervening party is seeking to delay the sale of the vessel and, if so, the justification for doing so; and

(vi) File a certificate of service indicating the date and manner of service of the motion and accompanying documents.

The court may permit intervention under terms which it deems equitable to the interests of all parties. If the court permits intervention it will direct the clerk to issue the supplemental process.

The clerk will enter the order, file the original intervening complaint and issue the supplemental process with a copy of the intervening complaint.

The intervening party must deliver a copy of the intervening complaint and the original of the supplemental process to the United States Marshal, who will re-arrest or re-attach the vessel or property in the name of the intervening plaintiff.

Counsel for the intervening party must also serve a copy of the intervening complaint, exhibits, and supplemental process upon every other party of record and file a Certificate of Service indicating the manner and date of service.

(4) Special Requirements for Salvage Actions. In cases of salvage, the complaint must also state to the extent known the value of the hull, cargo, freight, and other property salvaged, the amount claimed, the names of the principal salvors, and whether the suit is instituted on their behalf and on behalf of all other persons associated with them.

Plaintiff must also attach as exhibits to the complaint a list of all known salvors and persons believed entitled to share in the salvage, including any crewmembers who are not parties to the complaint, and a copy of any salvage agreement or other contract previously entered into by the plaintiff in connection with the actions that are being shown as the basis for entitlement to a salvage award.

(5) Deposit of United States Marshal's Fees and Expenses Required Before Effecting Arrest, Attachment or Garnishment

(a) Deposit Required Before Seizure. Any party seeking the arrest of a vessel or attachment of property under Supplemental Rule (E) must deposit a sum with the United States Marshal sufficient to cover the United States Marshal's or substituted custodian's estimated fees and expenses of arresting and keeping the property for at least ten (10) days. The United States Marshal is not required to execute process until the deposit is made.

(b) Proration of United States Marshal's or Substitute Custodian's Fees and Expenses upon Intervention. When one or more parties intervene under L.A.R. E(3)(a) or (b), the burden of advancing sums to the United States Marshal or substituted custodian sufficient to cover the United States Marshal's or substituted custodian's fees and expenses will be allocated equitably between the original plaintiff and the intervening party or parties as indicated below:

(i) Stipulation for the Allocation and Payment of the United States Marshal's or Substituted Custodian's Fees and Expenses. Immediately upon the filing of an intervening complaint, counsel for the intervening plaintiff must arrange for a conference between all other parties to the action, at which time the parties must make a good faith effort to allocate fees and expenses among the parties. Any resulting stipulation must be filed with the court and a copy served upon the United States Marshal.

(ii) Allocation of Costs and Expenses in the Event that Parties Cannot Stipulate. The court expects counsel to resolve the allocation of costs and expenses in accordance with the preceding paragraph, but if an arrangement cannot be made, the parties will share in the fees and expenses of the United States Marshal or substitute custodian in proportion to their claims as stated in the original and intervening complaints.

To determine each party's proportionate share, counsel for the last intervening plaintiff must determine the total amount claimed by each party from the original or amended complaint and all other intervening complaints filed in accordance with L.A.R. E(3)(a) or (b), then deliver to the United States Marshal a list which summarizes each party's claim and the proportion which each party's claim bears to the aggregate claims asserted in the litigation, determined to the nearest one-tenth of one percent. The United States Marshal will then determine the total expenses incurred to date and estimate the expenses to be incurred during the next fourteen days. For the purpose of making this calculation, the total fees and expenses must be calculated from the date when continuous and uninterrupted arrest or attachment of the property began and not from the date a particular party's intervening complaint was filed.

The United States Marshal will then apply the percentage determined in the listing compute the amount of each intervening party's initial deposit requirements. The United States Marshal will use this percentage to compute any additional deposit requirements which may be necessary under L.A.R. E(5)(c).

After the United States Marshal determines of each party's percentage share of the deposit requirements, the intervening party must either post his deposit with the United States Marshal or substitute custodian or move to set aside that requirement. If the intervenor fails to comply with this requirement within two days, the intervenor's attachment will be vacated.

(c) Additional Deposit Requirements. Until the property arrested or attached and garnished has been released or otherwise disposed of in accordance with Supplemental Rule (E), the United States Marshal may require from any party who has caused the arrest or attachment and garnishment to post additional deposits which the United States Marshal determines necessary to cover any additional estimated fees or expenses.

(d) Judicial Relief from Deposit Requirements. Any party who contends that the deposit requirements of this rule impose a burden disproportionate to the aggrieved party's potential recovery in light of the relative priorities of the claims asserted against the vessel or other property may apply to the court for relief.

Although the judicial officer may adjust the deposit requirements upon motion, the proportion required of an aggrieved party may not be reduced to a percentage less than that imposed upon the claimant whose claim is the smallest among that of claims which the movant stipulates have priority over its claim or, in the absence of a stipulation, the greatest percentage imposed upon any claimant participating in the deposit requirements.

(e) Failure to Comply with Additional Deposit Requirements. Any party who fails to make the additional deposit requested by the United States Marshal may not participate further in the proceeding, except to seek relief from this rule. The United States Marshal will notify the court in writing whenever any party fails to make additional deposits as required by L.A.R. E(5)(c).

If a party questions its obligations to advance monies required by this rule, the United States Marshal may apply to the court for instructions concerning that party's obligation.

(6) Property in Possession of a United States Officer. Whenever the property to be arrested or attached is in custody of a United States officer, the United States Marshal must serve the appropriate process either upon the officer or employee or, if the officer or employee is not found within the district, then, the custodian of the property within the district.

The United States Marshal must direct the officer, employee or custodian not to relinquish custody of the property until further order of the court.

(7) Process held in Abeyance.

(a) When Permitted. If a plaintiff asks the clerk to hold issuance of process in abeyance under Supplemental Rule (E)(4)(b), the clerk will docket the request and will not be responsible for ensuring that process is issued at a later date.

(b) When Intervention Is Subsequently Required. It is the intention of these rules that a vessel or other property should be arrested or attached by process issued and effected in only one civil action. Therefore, if while process is held in abeyance on one action, the vessel or property is arrested or attached in another action, the plaintiff who originally requested process be held in abeyance in the first action should voluntarily dismiss, without prejudice, the first action, (insofar as that action seeks to proceed against the property arrested or attached in the second action) and promptly intervene in the second action under L.A.R. E(3)(a) or (b).

Motions to consolidate in rem actions against the same vessel or property will be granted only in exceptional circumstances to prevent undue hardship or manifest injustice.

(8) Release of Property Under Supplemental Rule (E)(6).

(a) Release by Consent or Stipulation. Release under Supplemental Rule (E)(6) must be secured by cash, cashier's check, or money order, a surety bond issued by an underwriter licensed to issue such bonds in the State of Mississippi, or a Letter of Undertaking submitted on behalf of the parties' underwriter which is approved by order of the court. The authorizing instrument must be signed by the party on whose behalf the property is detained or the party's attorney and the attorney-in-fact for a licensed surety. See Admiralty Form Nos. 9, 12, 13 and 14 forth on the courts' Websites.

The party seeking release must also submit a proposed order substantially conforming to Admiralty Form No. 16 on the courts' Websites.

Unless otherwise agreed by all parties and approved by court order, the stipulation, bond, or other security must be posted in an amount equal to, or greater than, the amount required for the following types of action:

(i) Actions Entirely for a Sum Certain. Actions for a sum certain may be secured by cash, a cashier's check or money order in the amount claimed in the complaint, with interest at six percent (6%) per annum from the date claimed to be due to a date twenty-four (24) months after the date the claim was filed, or by filing an approved stipulation or bond for the amount alleged plus interest as computed in this subsection.

The stipulation or bond must be conditioned to abide by all orders of the court, and to pay the amount of any final judgment, with interest.

(ii) Actions Other Than Possessory, Petitory or Partition. Unless otherwise ordered by the court, these actions must be secured by the amount of the appraised or agreed value of the property seized, with interest. If the parties cannot agree upon an appraised value, the court will order an appraisal.

The stipulation or bond must be conditioned to abide by all orders of the court, and to pay the amount of any final judgment, with interest.

The person who consents or stipulates to the release must also file a claim in accordance with L.A.R. E(3)(a) or (b).

(iii) Possessory, Petitory or Partition Actions. The United States Marshal may release property in these actions only upon court order and upon the subsequent deposit of security and compliance with the terms or conditions that the court deems appropriate.

(b) Upon the Dismissal or Discontinuance of an Action. If the complaint is dismissed or discontinued by court order, a plaintiff must coordinate with the United States Marshal to ensure that all costs and charges of the court and its officers have first been paid.

(c) Release After the Posting of a General Bond.

(i) Requirements of a General Bond. General Bonds under Supplemental Rule (E) (6) (b) must identify the vessel by name, nationality, dimensions, official number or registration number, hailing port and port of documentation.

(ii) Responsibility for Maintaining a Current Listing of General Bonds. The clerk will maintain a current listing of all general bonds in alphabetical order by name of the vessel. The listing will be available for inspection during normal business hours.

(iii) Execution of Process. Although the subsequent arrest of a vessel for which a general bond already has been posted will be stayed under Supplemental Rule (E) (5) (b), the United States Marshal must still serve a copy of the complaint upon the master or other person in whose charge or custody the vessel is found. If neither the master nor another person in charge of custody is found aboard the vessel, the United States Marshal should make the return accordingly.

Plaintiff must promptly advise the owner or designated agent, at the address furnished in the general bond, of (1) the case number, (2) nature of the action and amount claimed; (3) the plaintiff and name and address of plaintiff's attorney; and (4) the return date for the filing of a claim of owner.

(9) Application to Modify Security for Value and Interest. At any time, any party who claims an interest in the subject matter of the action may file an application to increase or decrease the security, and any order granting the application may be enforced by attachment or as otherwise provided by law. Supplemental Rule F(7) establishes the procedure to increase the security.

(10) Custody and Safekeeping.

(a) Initial Responsibility. The United States Marshal will initially take custody of any vessel, cargo or other property arrested or attached in accordance with these rules. Thereafter, and until a substitute custodian is authorized in accordance with L.A.R. E(10)(c), the United States Marshal is responsible for providing adequate and necessary security for the safekeeping of the vessel or property. In the discretion of the United States Marshal, adequate and necessary security may include the placing of keepers on or near the vessel or the appointment of a facility or person to serve as a custodian of the vessel or property. Absent exceptional circumstances, the plaintiff should have a substitute custodian appointed by the court at the time of filing the complaint as set forth in L.A.R. E(2).

(b) Limitations on the Handling, Repairing and Subsequent Movement of Vessels or Property. After the arrest or attachment of a vessel or property on a vessel, and except as provided in L.A.R. E(10)(a), no person may handle cargo, conduct repairs, or move a vessel without prior order of court. The custodian or substitute custodian must, however, comply with any orders issued by the Captain of the Port, United States Coast Guard, including an order to move the vessel, and must comply with any applicable federal, state, or local laws or regulations pertaining to vessel and port safety, but must not remove the vessel from the District and must report the vessel's movement to the court within twenty-four (24) hours of

(c) Procedures for Changing Custody Arrangements. Any party may apply to the court to dispense with keepers, remove or place the vessel, or other property seized on or about the vessel at a specified facility, designate a substitute custodian for the property, or for other similar relief. The application must substantially conform to Admiralty Form No. 17 on the courts' Websites.

(i) Notification of the United States Marshal Required. When an application for change in custody arrangements is filed, either before or after the United States Marshal has taken custody of the vessel or property, the filing party must serve notice of the application on the United States Marshal in sufficient time to permit the United States Marshal to review the indemnification and insurance arrangements proposed by the applicant and substitute custodian. The application must also be served upon all other parties to the litigation.

(ii) Indemnification Requirements. An application for the appointment of a substitute custodian or facility must include as an exhibit to the motion, a consent and indemnification agreement signed by both the applicant or the applicant's attorney and the proposed substitute custodian. The application must substantially conform to Admiralty Form No. 17 on the courts' Websites.

The consent and indemnification agreement must expressly release the United States Marshal from any and all liability and responsibility for the care and custody of the property while in the hands of the substitute custodian and must expressly hold the United States Marshal harmless from all claims arising from the substitute custodianship. See Admiralty Form No. 18 on the courts' Websites.

(iii) Court Approval Required. The application to change custody arrangements and indemnification and consent agreement must be submitted to a judicial officer who will determine whether the facility or substitute custodian is capable of safely keeping the seized property. The proposed order granting the application should substantially conform to Admiralty Form No. 19 on the courts' Websites.

(d) Insurance Requirements. At the time of the arrest or attachment of a vessel or property, the United States Marshal will obtain insurance to protect itself and its custodians from liability arising from the arrest, attachment or custody. The cost of the insurance will be paid by the plaintiff from the funds posted with the Marshal before the seizure, until otherwise taxed as cost. The insurance may be discontinued upon court approval of a consent custodian under L.A.R. A(5).

(11) Preservation, Humanitarian and Repatriation Expenses.

(a) Limitations on Reimbursement for Services or Supplies Provided to a Vessel or Property in Custody. Except in cases of emergency or undue hardship, no person may claim as an expense of administration the costs of services or supplies furnished to a vessel, seized property unless the services or supplies have been furnished to the United States Marshal or substitute custodian upon order of this court or of the United States Marshal.

Any order issued under this subsection should require the person furnishing the services or supplies to file a weekly invoice.

(b) Preservation Expenses for the Vessel or Property under Seizure. The United States Marshal or substitute custodian is authorized to incur expenses reasonably deemed necessary to prevent loss or undue deterioration of the vessel, or other property while in custody.

(c) Expenses for Care and Maintenance of a Crew. Except in an emergency or upon the authorization of a judicial officer, neither the United States Marshal nor substitute custodian may incur expenses for feeding or otherwise maintaining the crew.

Emergency applications for providing food, water and necessary medical services for the maintenance of the crew may be submitted and decided ex parte. Thereafter, any party may bring a motion to challenge or modify the court's order, and, unless otherwise provided, the expenses will be taxed as a cost of administration and not as an expense of custody

(d) Repatriation Expenses. Absent an order of court expressly ordering the repatriation of the crew or passengers and directing that the expenses be taxed as a cost of administration, no person will be entitled to claim these expenses as expenses of administration.

(e) Claim by a Supplier for Payment of Charges. Any person who claims payment for furnishing services or supplies in compliance with L.A.R. E(11) must submit an invoice to the United States Marshal's office for review and approval before the vessel is released.

The United States Marshal will review the claim, make adjustments or recommendations to the claim as are appropriate and forward the claim to the court for approval. The court may postpone the hearing on an individual claim until a hearing can be set to consolidate other claims against the property.

(12) Property in Incidental Custody and Otherwise not Subject to the Arrest or Attachment.

(a) Authority to Preserve Cargo in Incidental Custody. The United States Marshal or an authorized substitute custodian is responsible for securing, maintaining and preserving all property incidentally taken into custody as a result of the arrest or attachment of a vessel or property. Incidental property may include but is not limited to laden cargo not itself the subject of the arrest or attachment.

The United States Marshal or substitute custodian must maintain a separate account of all costs and expenses associated with the care and maintenance of property incidentally taken into custody.

Any person claiming entitlement to possession of property incidentally taken into custody must, as a precondition of receiving possession, reimburse the United States Marshal or substitute custodian for such separately accounted expenses, reserving a right to seek payment of said expenses from any other party.

(b) Separation, Storage and United States Preservation of Property in Incidental Custody. Any party, the United States Marshal, or substitute custodian may petition the court to permit the separation and storage of property in incidental custody from the property actually arrested or attached.

If the court orders separation of the incidentally seized property to protect it from undue deterioration, to provide for safer storage, to meet an emergency, to reduce the expenses of custody or to facilitate a sale of the vessel or other property under L.A.R. E(17), the costs of that separation will be treated as an expense of preservation and taxed as a cost of custody.

(c) Disposal of Unclaimed Property. Property incidentally in custody and not subsequently claimed by any person entitled to possession will be disposed of in accordance with the laws governing the disposition of property abandoned to the United States of America.

Except when prohibited by federal statute, the resulting net proceeds associated with the disposition of abandoned property will be applied to offset the expense of administration with the remainder escheating to the United States of America as provided by law.

(13) Dismissal.

(a) By Consent. An action may not be dismissed under Fed.R.Civ.P. 41(a) unless all costs and expenses of the court and its officials have been paid.

In the case of multiple plaintiffs or an intervening plaintiff(s), the plaintiff or intervening plaintiff may not dismiss its claims unless it has paid its proportionate share of costs and expenses in accordance with L.A.R. E(8).

(b) Involuntary Dismissal. An order of dismissal under Fed.R.Civ.P.41(b) should also designate the costs and expenses to be paid by the party or parties so dismissed.

(14) Judgments.

(a) Expenses of Sureties as Costs. If costs are awarded to any party, then all reasonable insurance premiums or expenses previously paid by the prevailing party on bonds, stipulations or other security may be taxed as costs in the case.

(b) Costs of Arrest or Attachment. If costs are awarded to any party, then all reasonable expenses paid by the prevailing party incidental to or arising from the arrest or attachment of any vessel, property or cargo may be taxed as costs in the case.

(15) Stay of Final Order.

(a) Automatic Stay for Fourteen Days. In accordance with Fed.R.Civ.P. 62(a), a party may not execute upon a judgment, and seized property may not be released until fourteen days after the entry of the judgment or order of dismissal.

(b) Stays Beyond the 14-Day Period. If within the 14-day period established by Fed.R.Civ.P. 62(a) a party files either a motion contemplated in Fed.R.Civ.P. 62(b) or a notice of appeal, then unless otherwise ordered by the court, the stay will be extended for a period not to exceed thirty days from the date of the filing of the motion or notice of appeal to permit the court to consider an application for the establishment of a supersedeas bond, and when this bond must be filed with the court.

(16) Notice of Sale.

(a) Publication of Notice. In an action in rem or quasi in rem, and except in suits filed on behalf of the United States of America where notice is prescribed by statute, the United States Marshal must publish notice in any of the newspapers approved under L.A.R. Rule A(9).

(b) Duration of Publication. Unless otherwise ordered by the court, applicable Supplemental Rule, or Local Admiralty Rule, publication of the notice of sale must be made at least twice; the first publication must be at least one (1) calendar week before the date of the sale, and the second at least three calendar days before the date of the sale.

(17) Sale of a Vessel or Property.

(a) Payment of the Purchase Price. Unless otherwise provided in the order of sale, the person whose bid is accepted must pay the United States Marshal the purchase price in the manner provided below:

(i) If the Bid is Not More Than $500.00. The successful bidder must immediately pay the full purchase price.

(ii) If the Bid is More than $500.00. The bidder must immediately deposit with the United States Marshal $500.00, or 10% of the bid, whichever sum is greater, and must pay the remaining purchase price within three days.

If an objection to the sale is filed within the time permitted by L.A.R. Rule E(17)(g), the successful bidder need not pay the remaining purchase price until three days after the court confirms the sale.

(b) Method of Payment. Unless otherwise ordered by the court, payments to the United States Marshal must be made in cash, certified check or cashier's check.

(c) Custodial Costs Pending Payment. When a successful bidder fails to pay the balance of the bid within the time allowed by L.A.R. E(17)(a)(2) or within the time permitted by court order, the United States Marshal will charge the successful bidder for the cost of keeping the property from the date payment of the balance was due to the date the bidder takes delivery of the property.

The United States Marshal may refuse to release the property until these additional charges have been paid.

(d) Default for Failure to Pay the Balance. A person who fails to pay the balance of the bid within the time allowed will be deemed to be in default, and a judicial officer may then either order that the sale be awarded to the second highest bidder or may order a new sale, as appropriate.

Any sum deposited by the bidder in default will be forfeited and applied by the United States Marshal to any additional costs incurred because of the forfeiture and default, including costs incident to resale. The balance of the deposit, if any, will be retained in the registry and subject to further order of the court.

(e) United States Marshal's Report of Sale. At the conclusion of the sale, the United States Marshal must file a written report of the sale to include the date of the sale, the price obtained, and the name and address of the buyer.

(f) Confirmation of Sale. Unless an objection is timely filed in accordance with this rule, or the bidder is in default for failing to pay the balance of the purchase price, plaintiff must have the sale confirmed on the day following the last day for filing objections.

To confirm the sale, plaintiff's counsel must file a "Request for Confirmation of Sale" on the day following the last day for filing an objection. The "Request for Confirmation of Sale" must substantially conform to Admiralty Form No. 20 on the courts' Websites. Plaintiff's counsel must also prepare and offer for filing a "Confirmation of the Sale." The "Confirmation of the Sale" must substantially conform to Admiralty Form No. 21 on the courts' Websites. The clerk will file and docket the confirmation and promptly transmit a certified copy of the "Confirmation of Sale" to the United States Marshal's office.

Unless otherwise ordered by the court, if the plaintiff fails timely to file the "Request for Confirmation of Sale" and proposed "Confirmation of Sale," the United States Marshal will assess any continuing costs or expenses for custody of the vessel or property against the plaintiff.

(g) Objections to Confirmation.

(i) Time for Filing Objections. Unless otherwise permitted by the court, an objection must be filed within seven days following the sale. The person who objects must serve a copy of the objection upon the United States Marshal and all other parties to the action, along with a Certificate of Service indicating the date and manner of service. Opposition to the objection must be filed within seven days after receipt of the objection to the sale.

The court will consider the objection and any opposition to the objection and confirm the sale, order a new sale, or grant other relief as appropriate.

(ii) Deposition of Preservation or Maintenance Costs. Any person who objects to the sale must also deposit with the United States Marshal the cost of keeping the property for at least seven days. Proof of the deposit with the United States Marshal's office must be delivered to the clerk's office for filing. The court will not consider the objection without proof of this deposit.

If the objection is sustained, the objector will be reimbursed for the expense of keeping the property from the proceeds of any subsequent sale, and any remaining deposit will be returned to the objector upon court order.

If the objection is denied, the sum deposited by the objector will be applied to pay the fees and expenses incurred by the United States Marshal in keeping the property from the date the objection was filed until the sale is confirmed. Any remaining deposit will be returned to the objector upon court order.

(h) Confirmation of Title. Any claim of failure of a party to give the required notice of an action to arrest of a vessel, or other property or, or failure to give required notice of a sale may afford grounds for objecting to the sale but does not affect the title of a good faith purchaser.

(18) Post-sale Claim. Except for seamen's wages, unless otherwise ordered by the court, any claims filed after the date of the sale will be limited to the remnants and surplus, if any, arising from the sale, will not be admitted on behalf of lienors who file their claims after the sale.