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
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, equityAccepted Paper Series
Date posted: September 9, 2011
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