RULE OF MARSHALING ASSETS

rule of marshaling assets.An equitable doctrine that requires a senior creditor, having two or

more funds to satisfy its debt, to first dispose of the fund not available to a junior creditor. • It

prevents the inequity that would result if the senior creditor could choose to satisfy its debt out of

the only fund available to the junior creditor and thereby exclude the junior creditor from any

satisfaction. — Also termed marshaling doctrine; rule of marshaling securities; rule of marshaling

remedies. [Cases: Debtor and Creditor 13. C.J.S. Assignments for Benefit of Creditors § 27;

Creditor and Debtor §§ 110–112, 114, 118–119.] [Blacks Law 8th]

rule of marshaling assets.An equitable doctrine that requires a senior creditor, having two or

more funds to satisfy its debt, to first dispose of the fund not available to a junior creditor. • It

prevents the inequity that would result if the senior creditor could choose to satisfy its debt out of

the only fund available to the junior creditor and thereby exclude the junior creditor from any

satisfaction. — Also termed marshaling doctrine; rule of marshaling securities; rule of marshaling

remedies. [Cases: Debtor and Creditor 13. C.J.S. Assignments for Benefit of Creditors § 27;

Creditor and Debtor §§ 110–112, 114, 118–119.] [Blacks Law 8th]