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Simple English definitions for legal terms

rule of marshaling securities

Read a random definition: De Donis Conditionalibus

A quick definition of rule of marshaling securities:

The rule of marshaling securities is a fair rule that says if a person owes money to two or more creditors and has different funds to pay them back, they must first use the fund that is not available to the junior creditor. This is to make sure that the junior creditor is not left with nothing while the senior creditor gets everything. It is also called the marshaling doctrine or rule of marshaling remedies.

A more thorough explanation:

The rule of marshaling securities 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, if a debtor owes money to two creditors, and the debtor has two properties, Property A and Property B, the senior creditor has a lien on Property A, and the junior creditor has a lien on Property B. If the senior creditor chooses to satisfy their debt out of Property B, the junior creditor will not receive any satisfaction. However, the rule of marshaling securities requires the senior creditor to first dispose of Property A, which is not available to the junior creditor, before satisfying their debt out of Property B.

The rule of marshaling securities is also known as the marshaling doctrine, rule of marshaling remedies, or rule of marshaling assets.

rule of marshaling remedies | rule of necessity

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11:19
That school’s* culture
11:23
Thanks Howl you're right :D I def talked about solving problems in my PS
12:03
@HowlEngineer: what's your dream school
MildChiller
12:08
"Have you applied for admission to [school] in a prior year" I applied in Oct. of the 23-24 cycle, should I put 23 or 24 as the year I applied?
MildChiller
12:09
Bcuz 2023 is when I technically applied but I applied for admissions in 2024
12:14
2024 cuz that's when you would've been admitted
I agree with Howl
12:19
Gecko what's ur dream school
Hard to say. I'm pretty firmly committed to the philly area so probably temple or villanova
Also relatively debt averse so I'd have to get a good scholarship from BC or Fordham to want to go but that's not very likely for me
Any advice? lol
[] baddestbunny
12:25
what’s a good scholarship for you? what would make BC or Fordham worth it?
12:25
Hmmmm let me think
[] baddestbunny
12:25
fordham’s max aid they give is 45k per year
Bunny I can possibly get a 75%+ scholarship from villanova or temple, and I'd be moving back in with my parents if I went there so I'd have near-zero COL. It'd be really hard to beat that
I would prefer BC over Fordham just because I like boston more, but I'm expecting a WL there tbh
I would maybe consider BC with $ but I don't know how to decide if a better biglaw chance is worth the COL + higher tuition
12:50
How do I know if my status checkers are properly linked
12:59
@ChowieBean: right now, Michigan, but there are several that come close. How about you?
13:05
@Law01: I haven't gotten the status checkers to work at all. When I sent an email to the LSData folks the other week, they said they were working on fixing them
13:10
but I think "Last Checked" would change from "Never" to something else
13:30
@HowlEngineer: I'll get more specific once I get my LSAT score, but NYU, Berk, GTown, UCLA
13:30
Anywhere that's top for PI
14:54
What do people typically write in the 'Optional Statement' for Georgetown
15:25
Yale application is wayyy too much work
15:28
So many apps want 'post-college activities' time to get a fuckin job
15:55
hey guys what happens if we dont have any honors or achievements oof, just don't include a section for it on the resume?
[] baddestbunny
16:01
They make the Yale app a lot of work to filter out the people who don’t really want it like that
16:25
@ChowieBean: i made a silly video for my optional statement :3
letsseehowitgoesnow
16:43
@ChowieBean: I wrote a DS and top 10 list lol
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