Marshaling Assets

Nehf, James

Abstract

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Marshaling Assets

James P. Nehf

Indiana University Robert H. McKinney School of Law

September 8, 2007

James P. Nehf, MARSHALING ASSETS: SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, Ch. 7G, J.B. McDonnell, ed., 2007

Abstract:
This paper examines the equitable doctrine of marshaling, whereby a subordinate creditor petitions a court in equity to force a senior lien holder to foreclose on other assets of the debtor, leaving the subordinate creditor free to foreclose on the asset in which it holds an interest. The paper focuses on marshaling in both real estate and personal property financing, but primary focus is on marshaling under Article 9 of the UCC.

Number of Pages in PDF File: 51

Keywords: marshaling, asset financing, UCC, secured transactions, equity

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Date posted: September 9, 2011

Suggested Citation

Nehf, James P., Marshaling Assets (September 8, 2007). James P. Nehf, MARSHALING ASSETS: SECURED TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE, Ch. 7G, J.B. McDonnell, ed., 2007. Available at SSRN: http://ssrn.com/abstract=1924332

Contact Information

James P. Nehf (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States