Travel Weekly

Progress made in Crystal claims process, but travel advisors must wait

The Crystal Serenity when it sailed for the old Crystal Cruises.

Customers who lost deposits when Crystal Cruises folded last year could get at least some of their money back in 2023. 

But travel advisors owed commissions will have to wait until those payouts are completed to see how much is left. And the process is still ongoing.

That's according to Samuel Capuano, an attorney at Miami-based law firm Berger Singerman, which represents Mark Healy, the assignee tasked with liquidating Crystal Cruises' assets and distributing the proceeds to the line's creditors.

The legal process, known as the assignment for the benefit of creditors, began last February in Miami-Dade County and has been slow to settle the company's debts, with Healy vetting thousands of claims against the former luxury line. Creditors ranging from fuel suppliers to customers and travel advisors have filed more than 12,400 claims against Crystal since the line collapsed when owner Genting Hong Kong filed to wind up. 

Healy, who is tasked with liquidating the company's assets and distributing funds to creditors, is in the process of analyzing the claims, Capuano said. That process includes weeding out duplicate claims and reconciling claims that have been paid by other sources, such as credit card and travel insurance companies.

"Progress is being made, but this process takes time," Capuano said.

As such, there is no total dollar figure for the claims. And it is too early to estimate how much money will be available to pay creditors such as employees, travel agencies and customers, Capuano said.

Healy has collected more than $13 million through the sale of assets last year, Capuano said. That does not include the sale of the line's ocean , expedition and river ships , because they were not owned by Crystal Cruises. Healy is pursuing other assets, said Capuano, who could not predict whether those attempts would be successful. 

Once Healy finishes reviewing claims, he plans to ask the court to make an "interim distribution" to at least partially pay priority creditors, Capuano said. Priority creditors include "both consumer and employee wage creditors," who are entitled to priority status. Travel advisors are not in that priority mix, he said, as per statutory rules. 

Tom Baker, president of CruiseCenter in Houston, said he figured travel agents would be a low priority for the courts and the assignee. He said his agency is owed commission, but he has little hope. "It's sad that agents do seem to always get the short end of the stick in these matters," he said.

Dennis Nienkerk, an advisor with Strong Travel Services in Dallas, sailed and sold a lot of Crystal Cruises, and he had at least $6,000 worth of future cruise credits when the line folded. He believes that customers who put money down on cruises should be paid ahead of other creditors. 

"People who made deposits should be the first ones to get their money back, and I would think they would do that," he said.

There is an additional, albeit limited, safety net for some cruise passengers who were booked on Crystal departures from U.S. ports. The Federal Maritime Commission (FMC) will accept claims from customers once the assignment for the benefit of creditors process has been completed, said John DeCrosta, a spokesman for the FMC.

Those claims will be paid via an escrow account that exists solely for reimbursing passengers scheduled to embark from a U.S. port but whose cruise was canceled. And there's an additional requirement: Claims to the FMC can only be made for bookings made directly with the line. Those claims are limited to the cost of the voyage and do not include airfare, excursions and pre- or post-cruise lodging.

Abercrombie & Kent Travel Group acquired the Crystal Cruises brand , guest list and two oceangoing ships last year. The company plans to revive the brand this year , although the new Crystal Cruises has yet to publicly share itineraries or launch dates. The line is instead encouraging guests to make an open deposit to secure a space during its initial 2023 and 2024 seasons. 

Nienkerk said he was holding out hope that Crystal under A&K will allow him to apply his future cruise credits. 

But so far, the new Crystal does not have plans to honor deposits or future cruise credits from customers of its namesake. Instead, executives have hinted the line will offer other incentives during its inaugural season to rebuild trust with former Crystal customers, but the line has not yet provided details.

When Silversea Cruises acquired the Crystal Endeavor during the line's liquidation last summer, it offered to reimburse passengers booked on that expedition ship for their lost deposits if they booked a cruise with any Royal Caribbean Group line by last November -- although the reimbursement process will not begin until after the assignment for the benefit of creditors process is complete. Silversea did not disclose the number of guests who booked to take advantage of that program.

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EXCEPTIONAL INITIATIVE

WELCOME TO CRYSTAL’S EXCEPTIONAL INITIATIVE - OUR WAY OF SHOWING APPRECIATION TO OUR LOYAL CUSTOMERS FINANCIALLY IMPACTED UNDER CRYSTAL CRUISES' FORMER OWNERSHIP.

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THE INITIATIVE

Any former Crystal guest who holds a verified claim in the Crystal Cruises LLC case for canceled sailings will be able to apply for credits to use towards future Crystal voyages on board either Crystal Serenity or Crystal Symphony.

ELIGIBILITY

• You must be a client of the former Crystal Cruises (Crystal Cruises LLC).

• You must have filed a claim in the Assignment for the Benefit of Creditors process ("Claim").

• The Claim must still be valid with sums currently outstanding and owed to you, net of any funds returned by the Assignee, credit card companies, insurance, or others.

HOW TO USE THE CREDIT 1. Apply for your credit by following the link on this page by no later than August 1, 2023.

2. Your Claim will be verified against the current list of outstanding amounts with the Assignee.

3. A Crystal agent will contact you to confirm the amount of your credit, which will be split into five equal sub-credits to be applied to five individual bookings. You must apply the first sub-credit to a booking on or before October 1, 2023.

4. Sub-credits may be retroactively applied to existing bookings or used to make new bookings for any voyage on Crystal Symphony or Crystal Serenity departing on or before December 31, 2025. Contact your preferred advisor or your Crystal agent to apply your sub-credits.

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crystal cruises assignment for the benefit of creditors

Crystal Cruises Creditors Will Need to Wait to Get Paid

  • March 24, 2022
  • Cruise Industry News

crystal cruises assignment for the benefit of creditors

How long it will it take for Crystal Cruises’ long creditor list to get paid?

The process usually takes between six to 12 months, but may take more in this case, according to Assignee Mark Healy, who is overseeing claims for everyone from travel agents to booked (future) guests and a number of suppliers.

“The process is usually six top 12 months but in this case, it will most likely take a little longer,” he said.

With ships in the Bahamas, the Endeavor on its way to the UK and four riverboats laid up in Europe, the wind down of Crystal Cruises has turned into an international process with over 30,000 creditors listed on court documents so far.

Creditors have until early June to get their requests in, according to Healy.

Any potential money will distributed through an established process, he said.

“The Assignment for the Benefit of Creditors does have a process as governed under Florida Law Statute 727. The distribution process (splitting the money) has a priority system that will be followed and approved by the Court before any funds get distributed,” he said in an email to Cruise Industry News .

That distribution would be based on the court’s asset sale of Crystal’s assets, which include the brand, passenger list and ships, although Healy said what specific assets Crystal had was still under investigation.

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Bankruptcy settlement update?

the_dylaness

By the_dylaness , July 5 in Crystal

Recommended Posts

Keith1010

1 hour ago, PaulMCO said: I hope you see the amount.  I did notice that a claimant is only allowed ONE priority claim.  The rest of the amount becomes an unsecured claim.   "CLAIM IS ONE OF FIVE CLAIMS FILED BY TWO CLAIMANTS. EACH CLAIMANT IS ENTITTLED TO ONE PRIORITY PAYMENT."   Since that is the case then probably ever claimant will get the FULL $2,250 per person.   It still says that they have alot of filings to go.  Most of the previous claims were complete denials (claims that were paid by credit cards or insurance) and now they are going through partials - priority claims that hot the maximum limit under State Law.

That is correct.  If you have more than one claim as we do, then they say only one claim is entitled to priority payment and the rest becomes unsecured claim.  When I first received the information I had to read it a few times to figure it all out.    

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Mrs. Claypool

I received a 14-page e-filing in this case, in which Mark Healy objects to my claim, among several pages of others.

It goes on to state that " if a claimant disputes this Objection to their claim, then within 21 days of service of this Objection, such claimant must contact the Assignee via email at   crystalclaim[email protected]   to attempt to resolve the dispute".  

I am I the "claimant" referenced here?  Am I personally supposed to take this action?

On 7/12/2023 at 10:25 PM, Keith1010 said: That is correct.  If you have more than one claim as we do, then they say only one claim is entitled to priority payment and the rest becomes unsecured claim.  When I first received the information I had to read it a few times to figure it all out.     Keith 

thank you,  I had several claims  six i think 

"legal " English is somthing else as conversation language.

47 minutes ago, vistaman said: thank you,  I had several claims  six i think  "legal " English is somthing else as conversation language.

You are most welcome.

PaulMCO

15 hours ago, Mrs. Claypool said: I received a 14-page e-filing in this case, in which Mark Healy objects to my claim, among several pages of others.   It goes on to state that " if a claimant disputes this Objection to their claim, then within 21 days of service of this Objection, such claimant must contact the Assignee via email at   [email protected]   to attempt to resolve the dispute".     I am I the "claimant" referenced here?  Am I personally supposed to take this action?   Emily    

Yes you are...That is why you received it.  They are not sending these to everyone.

5,000+ Club

travelberlin

I have received today a letter from the assignees. Their conclusions in my case are wrong! They have reduced the amount of my claim indicating that I have been already refunded by Crystal! Go figure… this is like telling me I am lying. I am objecting their conclusions but I am so tired of having to deal with this!

2 hours ago, travelberlin said: I have received today a letter from the assignees. Their conclusions in my case are wrong! They have reduced the amount of my claim indicating that I have been already refunded by Crystal! Go figure… this is like telling me I am lying. I am objecting their conclusions but I am so tired of having to deal with this! Ivi

Refunded by Crystal???  Laughable. It never ends 

1 hour ago, bitob said: Refunded by Crystal???  Laughable. It never ends 

Nothing amusing, and the process will end . There are three parties in the picture.

1) original Crystal, totally defunct,

2) the assignee (Per the ABA, a n assignee in an assignment for the benefit of creditors serves in a capacity that is analogous to a bankruptcy trustee and is responsible for liquidating the assets of the assignment estate and distributing the net proceeds, if any, to the assignor's creditors.)

3) new Crystal, as created from the assets legally purchased by the new owners. Said new owners have no obligation whatsoever to the assignor's creditors. Case closed .

There have been reported inaccuracies with the processing of claims by the assignee. This is an issue totally between the claimant and the assignee. All any claimant can do is present their information and endure the process. I have compassion for those struggling with the process and having challenges proving their case. I hope for fair resolution for all claimants in this liquidation procedure. That's the best anyone can ask.

Like

1 minute ago, Shorex said: Nothing amusing, and the process will end . There are three parties in the picture.   1) original Crystal, totally defunct,   2) the assignee (Per the ABA, a n assignee in an assignment for the benefit of creditors serves in a capacity that is analogous to a bankruptcy trustee and is responsible for liquidating the assets of the assignment estate and distributing the net proceeds, if any, to the assignor's creditors.)   3) new Crystal, as created from the assets legally purchased by the new owners. Said new owners have no obligation whatsoever to the assignor's creditors. Case closed .   There have been reported inaccuracies with the processing of claims by the assignee. This is an issue totally between the claimant and the assignee. All any claimant can do is present their information and endure the process. I have compassion for those struggling with the process and having challenges proving their case. I hope for fair resolution for all claimants in this liquidation procedure. That's the best anyone can ask.    

I dont need to be schooled on the process but thank you anyway. What is laughable is that anyone is claiming oc refunded money. It did not

4 hours ago, travelberlin said: I have received today a letter from the assignees. Their conclusions in my case are wrong! They have reduced the amount of my claim indicating that I have been already refunded by Crystal! Go figure… this is like telling me I am lying. I am objecting their conclusions but I am so tired of having to deal with this! Ivi

Ivi, sorry you have to go through this once again. We were fortunate that what we submitted they concurred with other than the fact that we are limited to what we can get but at least we didn't have to submit more paperwork.  Good luck with this.

Thanks

13 minutes ago, Shorex said: Nothing amusing, and the process will end . There are three parties in the picture.   1) original Crystal, totally defunct,   2) the assignee (Per the ABA, a n assignee in an assignment for the benefit of creditors serves in a capacity that is analogous to a bankruptcy trustee and is responsible for liquidating the assets of the assignment estate and distributing the net proceeds, if any, to the assignor's creditors.)   3) new Crystal, as created from the assets legally purchased by the new owners. Said new owners have no obligation whatsoever to the assignor's creditors. Case closed .   There have been reported inaccuracies with the processing of claims by the assignee. This is an issue totally between the claimant and the assignee. All any claimant can do is present their information and endure the process. I have compassion for those struggling with the process and having challenges proving their case. I hope for fair resolution for all claimants in this liquidation procedure. That's the best anyone can ask.    

I agree with everything you have said.

This has nothing to do with new Crystal.

Thank you for taking the time to lay this all out so people understand how this works.

Haha

12 hours ago, travelberlin said: I have received today a letter from the assignees. Their conclusions in my case are wrong! They have reduced the amount of my claim indicating that I have been already refunded by Crystal! Go figure… this is like telling me I am lying. I am objecting their conclusions but I am so tired of having to deal with this! Ivi

They made two errors in my claims in one case saying that a credit card refund for a summer Alaska cruise applied to a Miami spring cruise. Rather boggles the mind. It's been over a month since I sent them documentation. I'm still waiting for the corrections. I call every 7-10 days or so and keep getting told them are working on it, or it's in the queue or they'll get back to me, which they never do.

Good luck!!

On 7/23/2023 at 1:31 AM, TER777 said:   Ivi, They made two errors in my claims in one case saying that a credit card refund for a summer Alaska cruise applied to a Miami spring cruise. Rather boggles the mind. It's been over a month since I sent them documentation. I'm still waiting for the corrections. I call every 7-10 days or so and keep getting told them are working on it, or it's in the queue or they'll get back to me, which they never do. Good luck!!

Thanks! It is annoying. I imagine many people are experiencing the same. We hope the assignees manage to correct the errors 🙏🏼 .  Ivi

1 hour ago, travelberlin said: Thanks! It is annoying. I imagine many people are experiencing the same. We hope the assignees manage to correct the errors 🙏🏼 .  Ivi

They are really backlogged.  I have only a response on 1 of 3 claims. They seem to be working through about 120 claims per day and are filling on average one motion per day to the court with the results.  Judging by the publicized number of consumer claims, they still have a large number to complete.

cruise_loverinlaval

Please allow me to share with you that a previous communication I had with Moeker informs me that they have close to 11000 claims to process.

They already published 37 omnibus objection to claim, which is about 3700 claims - each list is about 100 claims.  I am curious to find out how many claims are still in the evaluation process?

FlyerTalker

FlyerTalker

2 hours ago, cruise_loverinlaval said: Please allow me to share with you that a previous communication I had with Moeker informs me that they have close to 11000 claims to process. They already published 37 omnibus objection to claim, which is about 3700 claims - each list is about 100 claims.  I am curious to find out how many claims are still in the evaluation process?

Be sure to just remember.....some folks believe that THEIR claim needs to be at the top of that list.

11 hours ago, PaulMCO said: They are really backlogged.  I have only a response on 1 of 3 claims. They seem to be working through about 120 claims per day and are filling on average one motion per day to the court with the results.  Judging by the publicized number of consumer claims, they still have a large number to complete.

And from the ones they have completed, some  (many ?) are those with errors 😔 so imagine how long it will take to finish this undertaking.  Ivi

Texas Tillie

I understand that this isn't a bankruptcy exactly, but the procedure is similar. Most bankruptcies on a company of any size take years to resolve, so it's not surprising this one is taking however long it is taking.

I am actually hoping it takes longer to resolve so when I use the next voucher I get the maximum dollars available. Once they pay out then the amount paid out is subtracted from the voucher amount.

Ivi, I remember on the voucher you had an issue with the amount they showed versus what you showed.  I heard from a few other people who had that issue here and on another board but most people didn't so I am thinking that the number of discrepancies might not be that large.  I could be wrong but that's what logic tells me based on the voucher discrepancies.

In fairness, as I have looked at all of those filings it seems a lot of the research involved determining if money was refunded from the credit card companies since each submission was made, plus making sure that each one matched what the records showed. I would imagine this is a large task on its own.

The good news is you caught the discrepancies and have gone back to them. 

I hope it all works out.

On 7/25/2023 at 3:08 PM, Keith1010 said: I am actually hoping it takes longer to resolve so when I use the next voucher I get the maximum dollars available. Once they pay out then the amount paid out is subtracted from the voucher amount.  

Keith are you sure about this? I have thought they were two independently issues. When I have complained with new Crystal about the amount of my certificate they said that there were independently from Moecker. Moecker told me also that they were independently from the new Crystal .

Didn’t we had also that information on this board?

6 minutes ago, travelberlin said: Keith are you sure about this? I have thought they were two independently issues. When I have complained with new Crystal about the amount of my certificate they said that there were independently from Moecker. Moecker told me also that they were independently from the new Crystal . Didn’t we had also that information on this board? Ivi

Ivi, here's how it works. Until payouts are made all Crystal does is verify that the amount you submit matches the amount on your claim as verified by Moecker. So let's say it is right now $10,000. You get a voucher for $10,000 broken up at $2,000 each for the sub-vouchers. However, at the time money comes back from Moecker then for any new sub credits you asked to be applied they will get with Moecker to see if you got money and, if so, how much and will reduce the unused ones by that amount.

Just now, Keith1010 said: Ivi, here's how it works. Until payouts are made all Crystal does is verify that the amount you submit matches the amount on your claim as verified by Moecker. So let's say it is right now $10,000. You get a voucher for $10,000 broken up at $2,000 each for the sub-vouchers. However, at the time money comes back from Moecker then for any new sub credits you asked to be applied they will get with Moecker to see if you got money and, if so, how much and will reduce the unused ones by that amount.   Keith

Thanks Keith for the explanation.

Hello every one, here is the latest news about payments to us…

https://crystalcruiseclaims.com/wp-content/uploads/2023/08/07.31.23-Motion-for-Interim-Distribution-to-Priority-Creditors.pdf

The check will be in the mail!  Have a nice day!

37 minutes ago, cruise_loverinlaval said: Hello every one, here is the latest news about payments to us…   https://crystalcruiseclaims.com/wp-content/uploads/2023/08/07.31.23-Motion-for-Interim-Distribution-to-Priority-Creditors.pdf    

Thank you for posting the link. Much appreciated.

the_dylaness

1 hour ago, cruise_loverinlaval said: Hello every one, here is the latest news about payments to us…   https://crystalcruiseclaims.com/wp-content/uploads/2023/08/07.31.23-Motion-for-Interim-Distribution-to-Priority-Creditors.pdf   The check will be in the mail!  Have a nice day!

I need Google to translate this to English!

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Crystal is offering cruise credit to former passengers who lost money

crystal cruises assignment for the benefit of creditors

The new Crystal Cruises is offering cruise credit to former passengers who lost money after the line shut down under its previous ownership, the cruise line said Thursday.

Dubbed the Exceptional Initiative, guests who have filed a valid claim related to canceled sailings on the Crystal Symphony and Crystal Serenity ships can apply to get the outstanding amount in credit to use on future cruises on those vessels.

The A&K Travel Group, which owns the luxury travel company Abercrombie & Kent,  acquired the Crystal Cruises brand last year  along with the two ships. The line  will relaunch as Crystal  this summer.

Crystal Cruises will set sail again this summer: With new name, 'personalized service'

Should you buy travel insurance through a cruise line?: Maybe not, experts say

"This Initiative is a plan we have been working on since we acquired Crystal as it will benefit our most loyal customers. This is not something we were legally obliged to do," Manfredi Lefebvre d’Ovidio, co-chairman of A&K Travel Group and Crystal, said in a news release . "We are choosing to help former guests and travel agents recover their money and hope we will be able to focus on returning to service, the exceptional crew and onboard service that has made Crystal an award-winning cruise line for three decades."

Former guests who qualify can apply via Crystal's website  no later than June 1.

They "must have filed a claim with Moecker & Associates represented by the Assignee Mark C. Healy in the Assignment for the Benefit of Creditors process," according to the initiative's terms and conditions. Those who have not already filed a claim are not eligible for the initiative.

The credit will be worth the amount of the outstanding balances a guest is owed, excluding any money already refunded through insolvency proceedings, the line said in the release.

The credit will be split into five equal installments, and passengers who receive them must use the first of those by July 1. They can use the credit for sailings departing on or prior to Dec. 31, 2025, and retroactively apply them to existing bookings.

Nathan Diller is a consumer travel reporter for USA TODAY based in Nashville. You can reach him at [email protected].

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    Healy in the Assignment for the Benefit of Creditors process," according to the initiative's terms and conditions. Those who have not