...concept of marshalling of assets. The trustee contends that the Bank should be required to satisfy its claim against the debtor by virtue of its mortgage against the real estate owned by Mr. Childers...creditor pursuant to 11 U.S.C. § 544 entitles him to compel a marshalling of assets as a junior lienholder. In a general sense, the...trustee's position is an arguably accurate statement of the doctrine of the marshalling of assets. Sometimes referred to as the "two funds" doctrine, marshalling of assets is applicable when a debtor...

..., Bankruptcy Judge. In this matter, an action had been started by Westinghouse Credit Corporation seeking the marshalling of assets of the debtor. After a pretrial conference, the parties...invoke the doctrine of marshalling of assets and require Central to satisfy its claim first from the cash value of the life insurance policies and collateral security mortgage. Marshalling...mortgagor and sell the property in order to recover a portion of the debt which is owing to them. Marshalling of assets should not be available in cases such as this where there will be prejudice to...

...[ 20-1612], as Follows: "Do the Oklahoma Constitution and the Oklahoma exemption statutes create or authorize an exception to the marshalling of assets when...homestead property is involved, or do the Oklahoma marshalling statutes of Title 42, § 17 [ 42-17] and Title 24, § 4 [ 24-4] permit creditors to compel the marshalling of assets against homestead...Marshalling of Assets When Homestead Property is Involved. Kenneth L. Spears, Derice A. Madoux, Oklahoma City, for debtors...

...sale of the one acre tract would benefit Bank only at her expense, and she contended that marshalling of assets was inappropriate if it cannot be done "without injustice to other persons...judgment on the note and an order of foreclosure. Equitable's motion did not address, either in argument or by evidentiary material, the question of marshalling of assets or Bank's cross-petition. Lane...submitted evidentiary materials it contended justified summary judgment for Bank on its cross-petition on the marshalling of assets' question and the foreclosure of its mortgage. Lane's counsel received a...

...BOBC and that GECC satisfy its lien by marshalling Century Brass' other assets. In the alternative, BOBC asked that it be provided "adequate protection" of its interest in the T.G., pursuant to...the marshalling of assets determines the nature and effect of the lienholder's property interest and is therefore itself a property right. Absent controlling federal law, property interests in.... 914, 918, 59 L.Ed.2d 136 (1979). Accordingly, the application of the doctrine of marshalling of assets in this case is governed by Connecticut...

...BOBC and that GECC satisfy its lien by marshalling Century Brass' other assets. In the alternative, BOBC asked that it be provided "adequate protection" of its interest in the T.G., pursuant to...the marshalling of assets determines the nature and effect of the lienholder's property interest and is therefore itself a property right. Absent controlling federal law, property interests in.... 914, 918, 59 L.Ed.2d 136 (1979). Accordingly, the application of the doctrine of marshalling of assets in this case is governed by Connecticut...

...entered May 26, 1978 disallowing "the claim of the Centennial Bank against the proceeds from the sale of the property in which it had a security interest and in effect ordered `marshalling of assets'." (Appellants.... § 23(h) does not authorize the marshalling of assets in this case because the real estate held by the couples as tenants by the entireties is not an asset of any of the bankrupt estates which...the doctrine of marshalling of assets is Meyer v. United States, 375 U.S. 233, 84 S.Ct. 318...

...to resorting to the assets of the estate of Metropolitan for collection of the debt owed by Metropolitan to the IRS the plaintiff relies primarily on the equitable doctrine of marshalling of assets. The plaintiff recognizes that although all the traditional elements of the doctrine are not present this Court, as a court of equity, may still order marshalling. The...be forced to seek payment from any uninvolved third party. In addition, the doctrine of marshalling of assets simply does not apply because Metropolitan failed to meet all the essential requisites of...parties, we find that the doctrine of marshalling of assets does not apply to this case and we, therefore, will not compel the IRS to first seek satisfaction of its tax claim against the assets of Enos...

..., 1976, of all his interest in the reserve fund and on the equitable doctrine of marshalling of assets. Because Cambria now raises again several...following new and timely raised issues: (1) the nature of the interest in the reserve account assigned by Nalitz to Cambria and (2) whether the doctrine of marshalling of assets applies in this situation...marshalling of assets is inapplicable where, as here, there is no way to determine that the funds remaining in the account after its...

...court entered judgment holding that the note was for a partnership debt and that under the doctrine of marshalling of assets the individual creditors of Fielder were entitled to be paid first, before...obligation, but was Fielder's personal note, on which Lowman was surety. The bank also asserts that the marshalling of assets doctrine should not have been applied. The original note to...." We conclude that the circuit court correctly held the note to be a partnership debt. The doctrine of marshalling of assets, in situations such as here presented, is...

...— Final appealable order — Foreclosure proceeding — Judgment establishing priority of liens — Priority of senior liens declared, but withheld as to junior liens — No prejudice, when — Marshalling of assets may...of the property will provide an amount in excess of the senior liens. Such a judgment is a reasonable decision which does not prejudice the junior lienholders. 4. Marshalling of assets in.... Appellants cite the doctrine of marshalling of assets in support of their position. This doctrine holds that where a debtor gives his creditors two mortgages, each being on separate...

.... Execution — Equity — Marshalling assets — Application — Husband and wife — Mortgages — Joint liability — Satisfaction from husband's estate. 1. Where a wife joins with her husband in executing a mortgage but receives no benefit from the transaction, a subsequent judgment creditor of the...collecting the mortgage, nor can he claim to be subrogated to the mortgagee's security against the wife. [330-32] 2. The rule of marshalling of assets does not prevail except where...property of the wife. The lower court held that it would be inequitable to so order and dismissed the bill. The plaintiff, in support of its claim, invokes the doctrine of marshalling of assets but...

...effect full relief in the marshalling of assets that are the fruit of the underlying fraud. II. Colello also argues that...; BRUCE FRANKLIN; DOUGLAS S. CROSS, Defendants. No. 95-56688 United States Court of Appeals, Ninth Circuit. Argued and...Exchange Commission, Washington, D.C., for the plaintiff-appellee. Appeal from the United States District Court for the Central District of California...

...be heard upon the motion of Pamlico Chemical Company, Inc., a creditor, for the marshalling of assets and the distribution of funds. After considering the pleadings, the evidence.... Bankruptcy courts have the powers of courts of equity. 28 U.S.C. § 1481. As a result, they have the power to order the marshalling of assets where appropriate. Virginia.... However, in a bankruptcy proceeding, the debtor is insolvent and the rights of unsecured creditors must also be considered. In this case, if the doctrine of marshalling is applied to benefit Pamlico, it will be detrimental to the unsecured creditors of the debtors. Pamlico's request for the marshalling of assets was...

...( Matter of Dell, 154 Misc. 216). Another theory reaches the same result upon the equitable principle of marshalling of assets ( Matter... In the Matter of JOHN B. RYAN, Deceased Surrogate's Court, Broome County. November 20, 1964... Smith, Leasure, Gow Vetrano ( John D. Smith of counsel), for Mary M. Ryan, as administratrix, petitioner. David L. Dyer, as special guardian...

...marshalling of assets to permit Stone Oil to obtain partial recovery on its claim would be inappropriate because such a result could operate to the detriment of third parties not before the court. The...district court abused its discretion by refusing to order an apportionment based on the equitable doctrine of marshalling of assets. We disagree. A junior lienholder such as Stone Oil may invoke the...marshalling of assets doctrine only if it will not operate to the detriment of other creditors. See In re St. Cloud Tool Die Co., 533 F.2d 387...

..., whatever priorities there may be in the marshalling of assets. The nature of the liability is determined by the common law, not by the...defined, and the definition refers to the assets and liabilities of a "person." It is, therefore, a concrete thing under the act of 1898, subject as a distinct entity to the provisions of the statute...important of which, after all, is the old rule as to the prior claim of partnership debts on partnership assets and that of individual debts upon the individual estate. Section 5g. But we see no reason for...

...the proceeds of this sale under the doctrine of marshalling of assets. On January 13, 1976, Johnson requested the court to set aside the sale and void his purchase money bond. The court, on February...13th, denied the equitable relief of marshalling of assets on the grounds that Percy Galbreath did not have two separate sources of...case. Considering that the appellants have requested equitable relief, the result they wish from application of the marshalling of assets principle strikes us as incongruous. It...

...priorities of lien claimants, in the matter of transfer inheritance taxes; estate taxes and local assessments; an accounting; restraint of tax certificate foreclosure; marshalling of assets, c. The bill was... THE IRVINGTON NATIONAL BANK, a corporation, complainant-respondent, v.FRANK A. GEIGER et al., defendants-appellants, and TOWN OF IRVINGTON,defendant-respondent.... Court of Errors and Appeals. Submitted October term, 1941. Decided February 4th, 1942...

...be accomplished by a marshalling of assets. It is apparent that a marshalling of assets could not have been equitably accomplished at the normal time for consecuting the respective trusts and what is...now suggested is a readjustment of the funds to circumvent an invalidity. The rule of marshalling of assets, which is one of limited application... In the Matter of the Estate of GERTRUDE R. SALINGER, Deceased Surrogate's Court of the City of New York, New York County...