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Simple English definitions for legal terms

marshaling assets, rule of

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A quick definition of marshaling assets, rule of:

The rule of marshaling assets is a fair principle that requires a creditor who has multiple funds to pay off their debt to use the fund that is not available to a junior creditor first. This prevents the senior creditor from using the only fund available to the junior creditor and leaving them with no payment. It is also known as the marshaling doctrine, rule of marshaling securities, or rule of marshaling remedies.

A more thorough explanation:

The Rule of Marshaling Assets is an equitable doctrine that requires a senior creditor, who has two or more funds to satisfy their debt, to first dispose of the fund not available to a junior creditor. This rule prevents the senior creditor from choosing to satisfy their debt out of the only fund available to the junior creditor, which would exclude the junior creditor from any satisfaction.

For example, let's say a debtor owes two creditors, A and B. The debtor has two properties, Property X and Property Y. Property X is worth $100,000, and Property Y is worth $50,000. Creditor A has a lien on Property X, and Creditor B has a lien on Property Y. If the debtor defaults on their debt, Creditor A can only satisfy their debt by selling Property X. However, the Rule of Marshaling Assets requires Creditor A to first attempt to satisfy their debt by selling Property Y, which is not available to Creditor B. Only after exhausting all other options can Creditor A sell Property X to satisfy their debt.

The Rule of Marshaling Assets is also known as the Marshaling Doctrine, Rule of Marshaling Securities, or Rule of Marshaling Remedies.

married women's property acts | marshaling doctrine

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shaquilleoatmeal
9:35
9/10 times^ last night was wack and im not over it lol
9:35
Moving forward to looking at writing LOCI. Does anyone have any resources or advice on how/when/what to best write
send one right now about how if they let you in duke will make the final four
I am not an expert but I would imagine with your stats a lot of schools will think you have options so I would recommend writing about why that location is a top choice for you not just the school being a top choice. Try to show/convince them you will attend.
[] starfishies
9:37
this is a bit of a sidebar but I bought 7sage for 10 minutes when i thought i'd retake the LSAT in april then clarity sunk in and I realized I shouldn't and they refunded me but let me keep the subscription v nice of them
Secret
9:38
When should I think about sending my LOCI. I have heard that I should wait until April. Is that true?
GreyCeaselessMammoth
9:38
i sent one soon after the WL and plan to send another in April
I only did one and I sent it once Vandy rolled me from ED to RD
shaquilleoatmeal
9:39
i withdrew from duke after the wl but i think the email had details about it
olliewillnotgotoharvard
GreyCeaselessMammoth
9:42
thats so brutal
[] starfishies
9:42
this is a bit mean
GreyCeaselessMammoth
9:42
straight R no wl
shaquilleoatmeal
9:42
lmao - if i had to guess, dude thought stats would carry and probably put no effort into the essays and it showed
[] starfishies
9:42
this is more mean lol bro could be in the room with us and is nice to update their results
GreyCeaselessMammoth
9:43
ollie we support you
GreyCeaselessMammoth
9:43
change your name to olliewillgotoUChicago?
ollie you need better stats than that to go to harvard :(
lilypadfrog
9:44
uchicago famously hates low gpas
GreyCeaselessMammoth
9:44
olliewillgotoUpenn
GreyCeaselessMammoth
9:44
i think he has good chances there
upenn famously hates high lsats
GreyCeaselessMammoth
9:45
ollie blueprint
cumsock
9:45
do you think about the days when we sat down smoking wine and drinking haze
PuppyBot
9:48
morninh
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