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Simple English definitions for legal terms

rule of marshaling remedies

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A quick definition of rule of marshaling remedies:

The rule of marshaling remedies is a fair rule that says if a person owes money to two or more creditors and has different funds to pay them back, the creditor who is owed money first must use the fund that the other creditor cannot use. This is to make sure that the second creditor is not left with no way to get their money back. It is also called the marshaling doctrine, rule of marshaling securities, or rule of marshaling assets.

A more thorough explanation:

The rule of marshaling remedies 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, suppose a debtor owes $100,000 to two creditors: Creditor A and Creditor B. The debtor has two assets: Asset X and Asset Y. Asset X is worth $80,000, and Asset Y is worth $50,000. Creditor A has a lien on Asset X, and Creditor B has a lien on Asset Y. In this case, the rule of marshaling remedies requires Creditor A to first satisfy their debt from Asset Y, which is not available to Creditor B. Only after Creditor A has exhausted Asset Y can they satisfy their debt from Asset X, which is also available to Creditor B.

The rule of marshaling remedies ensures that junior creditors are not unfairly excluded from any satisfaction. It is an essential principle of equity that promotes fairness and justice in debt collection.

rule of marshaling liens | rule of marshaling securities

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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