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Simple English definitions for legal terms

rule of marshaling securities

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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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windyMagician
11:09
shaq hows ur love life going? any updates?
shaquilleoatmeal
11:14
damn couldnt even get to Christmas dinner before this question lmao im not looking for anything serious rn so no updates lol
11:14
i made out with my ex in a stairwell the other day if you care. my only update
shaquilleoatmeal
11:14
oof
shaquilleoatmeal
11:14
twitter ex or a different ex
11:15
different ex
windyMagician
11:15
since its not Twitter dude I'll forgive it
shaquilleoatmeal
11:17
at least you did that before the new year, cant carry that baggage in 25
11:17
I think he thinks if I move to nyc we’re going to get back together
11:17
that’s not my plan tbh
jackfrost11770
11:18
this is so funny
shaquilleoatmeal
11:19
lmao damn wish id be classmates with this dude
shaquilleoatmeal
11:20
@cheriebomb: you never know what the future holds
jackfrost11770
11:20
also cherie fallen soldier
jackfrost11770
11:20
i got home at 8 am from the club and my neighbor was leaving to go biking. truly living in different worlds
11:20
i don’t fw him that heavy tbh
11:21
i get along better with his friends than i do with him
windyMagician
11:21
nah the hiking in Nike blazers deserves jail time
11:21
he was already vomiting and shitting in a hole I think he did his penance
windyMagician
11:26
call that restorative justice
11:35
they put a place in the UK second. I don’t trust their methodology
shaquilleoatmeal
11:35
im laughin cause it definitely isnt but the fact that some people this it is is comical
shaquilleoatmeal
11:35
tink*
shaquilleoatmeal
11:35
think jee
shaquilleoatmeal
11:35
jeez - im over it
11:37
imagine saying you want to go to boston for christmas 💀
shaquilleoatmeal
11:40
imagine you not wanting to go what lmao
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